Agenda packet — Santa Ana City Council, April 15, 2025 (part 5 of 8)

CITY OF SANTA ANA
i) Required to cap the sewer main as close to the property line as possible.

Contractors shall ensure that all utilities are safe and secure per the utilities’ operating procedures.
d) Compacting to 100% density.
i) The property shall be flat and free of debris at the completion of the project. 3) Prior to submitting all on-call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building), or from public right of way, and obtain any necessary as-builts to define an appropriate scope of work.

Photographs in lieu of a sitevisit may be acceptable for certain projects. 4) All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition.
a) The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations.
5) Copies of all demolition permits, water and sewer cap inspection approval and a letter of completion should be submitted for City’s files prior to the Contractor receiving payment. 6) The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor’s operations. 7) At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials.
8) Contractor shall hand deliver a City provided work notice letter to adjacent property owners at least one week prior to the demolition work.

B. Asbestos Abatement:
1) The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. 2) Results of any testing that identify asbestos containing materials will be provided by the City.
3) It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys.
4) Copies of all notifications must be submitted to City including:
a) Abatement contractor’s license, map and/or clear documentation specifying asbestos containing materials abated;
b) Completed waste manifests; and
City of Santa Ana
City Council
RFP No. 25-027
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CITY OF SANTA ANA
c) A completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished.

C. Lead Removal:
1) The Contractor shall take all necessary precautions and follow all Occupational Safety & Health Administration (OSHA’)s guidelines required in the handling of lead contained materials if any are detected.
a) Please refer to the Lead Hazard Evaluation Report which will be provided to the Contractor prior to on-call bid.

D. Rat and/or Vermin Abatement
1) Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement.
a) As part of the demolition completion package, written certification will be provided to the City, stating that such work was performed, and that the structures were free of infestation prior to the demolition taking place.

E. Erosion Control
1) Prior to performing work under this Agreement, Contractor shall prepare erosion and sediment control plan for the approval of the Plan Check Engineer. a) The plan shall be prepared per the applicable guidelines described in the latest version of the Orange County Program Construction Runoff Guidance Manual (http://www.ocwatersheds.com/documents/bmp/constructionactivities). 2) The Contractor shall submit the plans for review and shall make the necessary revisions to the plans as directed by the City.
3) The plans shall be prepared by a Civil Engineer licensed in the State of California. a) The City may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the City that the person preparing the erosion control plan is qualified in the field of erosion control.
4) The Contractor shall keep a copy of the erosion control plan on-site for the duration of the contract and shall provide all necessary control devices to implement all necessary measures as shown on the plan.
a) The erosion control plan shall remain in effect until approval to remove is granted by the City.
5) All erosion control materials shall be available on-site and stockpiled at a convenient location to facilitate rapid construction of temporary devices when rain is eminent.

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City Council
RFP No. 25-027
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CITY OF SANTA ANA
F. Removal of Trash and Debris
1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by-products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
3) Contractor shall comply with all applicable federal, state, and local lwas, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.

G. Fee Proposal
Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ONCALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.

Fee proposal shall include:

1. Description of work (summarized scope of services)

2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)

3. Schedule (from date of receiving a Notice to Proceed to task order completion) ======================================================================== SAMPLE SUBJECT PROJECT SITE DESCRIPTION:

The subject sample project site, which was already demolished, is for comparison and evaluation purposes only. The sample project is located at 1301 W 11th Street, Santa Ana, CA 92703. The following is a brief description of the sample project site. Please refer to Appendix - Attachment 4 for full project site description and Asbestos, Lead-Based Paint/Universal Waste Survey.

The building is one story residential structure with stucco over wood framing exterior walls with brick fascia construction with the following approximate dimensions:
- Main Dwelling Area: 1,685 sf
- Garage: 390 sf
- Covered Patio: 275 sf
- Total Area: 2,350 sf
- Total Land Area: 6,970 sf
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City Council
RFP No. 25-027
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CITY OF SANTA ANA
Contractor is responsible for demolishing all improvements, including: 4” thick concrete slab foundation and footings to a depth of 3’, and all surrounding landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, capping all sewer lines, and compacting to 90% density. Erosion control to include importing and exporting fill dirt as needed, installing straw waddles around site perimeter, topping site with 1” base course to prevent wind erosion, and installing rumble plates for the duration of the demolition.

Price provided below shall be based solely on the information provided hereon and shall be an allinclusive price and shall include all items listed and cover all items or work identified above and Appendix - Attachment 4 to deliver a clear site with no remaining improvements. ==================================================================== Company Name:
1301 W 11th Street, Santa Ana, CA
Item Description Cost
Permitting
$
Engineering
$
Site Fencing for Duration of Demolition
$
Canopy BMP's/Erosion Control Plan
$
Asbestos/Hazardous Stabilization and Abatement
(on a separate sheet, provide a detail cost for this
lump sum amount)
$
Universal Waste Disposal
$
Interior Demolition
$
Exterior Wall/Building/Foundation Demolition
$
Sitework Demolition
$
Landscape and Trees Removal and Clearing
$
Vermin Abatement (Assume present)
$
Bee Colony Abatement (Assume present)
$
Other (describe…)
$
Total Price
$
City of Santa Ana
City Council
RFP No. 25-027
20 – 120 4/15/2025

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EXHIBIT B
Contractor Proposal
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AGREEMENT WITH J&G INDUSTRIES, INC.,
TO PROVmE CITY-WIDE ON-CALL DEM'OLITION SERVICES

FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 15"' day of April, 2025 by and between J&G Industries, Inc., a Califoinia coiporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Califoinia (t ( (2 la t yl f).

RECIT ALS
A. On Febiuary 21, 2025, the City issued Request for Proposal No. 25-027, by wl'iicli it sought a qualified contractor to provide on-call demolition services for the City's Planning and Building Agency for City-wide nuisance abatement.

B, Contractor submitted a responsive proposal tliat was among those selected by the City. Contractor represents that it is able at'id wiIling to provide the services described ii"i the scope of work that was intjuded in RFP No. 25-027.

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

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to tl'ie terms and conditions hereinafter set foith, the pa-i-ties agree as follows:

1. SCOPE OF SERVICES
a. On an on-call basis, arid at the City's sole discretion, Contractor shall perfoiam the services described in the scope of work that was included iii RFP No. 25-027, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full.
b. Contractor shall provide advance written notice of the scheduled demolition to all property owners, tenants, and businesses Iocated near or adjacent, as defined below, to the den'iolition site.
(1) Fortl'iepurposesofthisAgreement,"nearoradjacent"shallmeanpropeitiesandtenant suites located on propeities abutting the subject demolition site, next to the propeity, and directly across a roadway or alley.
(2) Such notice shall be issued as follows:
i. 10-Day Notification. A wiitten notice sl'iall be provided no less than 10 calendar days prior to tlie commencement of demolition activities. Tliis notice EXHIBIT 4
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shall include:
(a). Tlie address of the property to be demolished.
(kl).Tlie anticipated start and end dates for the demolition work. (c). A description of potential impacts, such as noise, dust, or road closures, along with mitigation measures.
(d). Contact infoi'ination for the Coritractor and the City of Santa Ana Code Enforcement Division.
ii. 3-Day Notification. A follow-up written notice shaIl be issued no less than three (3) calendar days prior to the commencement of demolition activities.

This notice shall reiterate the details provided in the 10-Day Notification and confirm any updates to the schedule or project details. (3) All notifications pursuant to tliis Agree.inent must be delivered through methods reasonably calculated to ensure receipt, including direct mail, hand delivery, door hangers, or other communication methods agreed and approved, in a signed writing, by the Executive Director of the Planning and Building Agency, or their designee. The Contractor shall maintain records of all notifications and provide copies to tlie City upon request.
(4) Signage must comply with the following:
i. Temporary signage must be posted if street closure and ariy public right of way wilI be affected. Temporary signage shall consist of parl<ing signs, directional signs, or other traffic control signs, and be installed ten (10) days before the commencement of demolition activities.
ii. All temporary signs must be reviewed and approved, in a signed writing, by the Executive Director of tlie Public Works Agency or their designee piior to posting. Failure to comply with tl'iese notifications requirements may result in termination and any cost recovery to complete the demolition project.

COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under tliis Agreement. Contractor sliall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) contractors selected to provide demolition services on an on-call basis under RFP No. 25-027.

The total compensation for these services provided by all such contractors selected under RFP 25-027 shall not exceed the shared aggregate amount of Six I4undred Thousand Dollars and Zero Cents ($600,000) during the term of the Agreement, including any extension periods.

City Council 20 – 190 4/15/2025
b. Payment by City shall be made at net thixty (30) days following completion of the demolition project, subject to City accounting procedures. City and Contractor agree that all payments due and owing underthis Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payinents directly into Contractor's account(s) with financial institutions.
c. Payment need not be made for worlc w)iich fails to meet the standards of perfoitriance set foitli in the Recitals whicl'i may reasonably be expected by City.

3. TERM
This Agreement sliall commence on the date first written above for a thtaee (3) year term, with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and I 770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), wliich require tl'ie payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply witli such Prevailing Wage Laws.

Contractor shall defend, indemnify and l'iold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, shidies, drawings, estimates, and other docuinents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or City Council 20 – 191 4/15/2025
otherwise recorded on computer diskettes, which are prepared or carised to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor sball require all subcontractors to agree in writing that City is giaanted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and wai'rants that Contractor has tl'ie legal right to license any and all Documents & Data. Contractor makes no sucli representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shalL not be liinited in any way in its use of the Documents and Data at any time, provided tliat any sucl'i use not within the pui'poses intended by this Agreement shall be at City's sole risk. 7, INSURANCE
Prior to rtndertaking performance of worlc under this %reement, Contractor shall maintain a'i'id shall require its subcontractors, if any, to obtain and maintain insurance as desctibed below:
a, Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL). Insurance Services Office ("ISO") Forin CG 00 02 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & adveitising injtny with limits no Less than $2,000,000 per occurrence and $4,000,000 aggregate. Umbrella and excess insurance policies can be used to meet tl'ie required limits.

2. Automobile I,iability (AL). ISO Form CA 00 01 covering Code l (any auto), with combined single limits of $2,000,000.

3. Workers'Compensation.AsrequiredbytheStateofCalifornia,withstatutorylirnits, and employer's liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease.

4. Pollution Legal Liability and/or Error and Omissions (PLL). With liinits no less than $15000,000 per occuiataenceor claim, and$2,000,000policy aggregate.

5. Professional Liability Insurance (Errors & Omissions). With lin'iits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

6. Broader Coverage. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higlier limits than the minimums shown above. If the Contractor n"iaintains broader coverage and/or liigher limits than the miiums shown above, the City requires and sliall be entitled to the broader coverage and/or the higber liits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
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The above required insurance policies are to contain or be endorsed to contain tlie following provisions:

1. Additional Insured Status. Tlie City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on tl'ie CGL and AL policies with respect to liability arising out of WOI'l( or operations perfoimed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with sucli work or operations. Additional insured status can be provided in the foim of an endorsement to Contractor's insurance.

2. Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all riglits of subrogation against City of Santa Aria, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under tl'ie terms of any policy which arise from performed by Contactor for City. Contractor agrees to obtain any endorsement(s) that may be necessary to affect tliis waiver of subrogation, but tliis provision applies regardless of whether ornot City has received a waiver of subrogation endorsement from any insurer(s).

3. Primary Coverage, For any claims related to this contract, the Contractor's insurance coverage shall be primaxy and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractols iiisurance and shall not contribute with it.

4. Severability. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to tlie insurels limits of liability.
s. Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days piior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Aria, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff's department mail box), Santa Ana, CA 92701.

Self-lsured Retentions. Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losseS and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers. Insurance is to be placed with insurers autliorized to conduct business in the state with a cuirent A.M. Best's rating of no less tl'ian A:VII, unless otherwise acceptable to the City.

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Verification of Coverage. Contractor shall fui'nish the City witli original Certificates of Insurance includiiig all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Ceitificate(s)/Evidence of insurance will not be accepted in lieu of the actual endorsements required herein. However, failure to obtain the required documents prior to the work beginning shall notwaive the Contractor's obligation to pro'vide them.

The City reserves tbe right to require complete, ceitified copies of all required insurance policies, including endorsements required by tliese specifications, at any time.

Claims Made Policies. If any of tbe reqriired policies provide coverage on a claims-made foim:
1, The retroactive date must be SIIOWII and must be before the execution date of the Agreemeiit.

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy foim with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after conaipletion of work.

4. A copy of the claims reporting requirements must be submitted to City.

Subcontractors. Contractor shall requiiae and verify that all subcontactors maintain insurance meeting all the requirements statement herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Failure to Maintain Insurance Coverage. If Contractor, for any reason, fails to maintain insurance coverage wliich is required pursuant to this Agreement, the same shalI be deemed a material breacli of the Agreement. City at its sole option, may teiminate this Agreement at any time and obtain damages from Contractor resulting from said breach.

Special Risks or Circumstances. City reserves the right to modify tliese requirei'nents, including Iimits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

INDEMNIFICA'nON
Contractor agrees to defend, and shall indeinnify and hold liarmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, City Council 20 – 194 4/15/2025
damages, just compensation, restitution, judicial or equitable relief arising oxit of claims for personal injury, including death, and clain"is for propeity damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalfwhich relates to the services desciibed in section l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This inden'inity and hold harmless agreement applies to all cIaims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in tl"ffs Section or by reason of the texms of, or effects, arising from this Agreeinent. Tlie Contractor futther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by tl'ie City, regarding any action by a tliird paity cliallenging the validity of this Agreement, or asserting tliat personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orpropertyrights arises by rcason of the teims of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any Iegal proceediiig. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indeinnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to tlie negligence, reclclessness, or willful misconduct of the Contractor.

9. mTELLECTUAL PROPERTY INDEMNIFICATION
Contractorshall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infriiigement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the worlc product or documents provided by Contractor to the City pursuant to this Agreement.

10. RF,CORDS
Contractor shall keep records and invoices in connection with the worlc to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree (3) years, or for any longer period required by law, from the date of final payment toContractorunderthisAgreement. Allsuchrecordsandinvoicesshallbeclearlyidentifiable. Contractor s]iall allow a representative of the City to exainine, audit, and n'iake transcripts or copies of such records and atiy otl'ier documents created pursuant to this Agreement during regular business hours. Contractor sl'iall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payinent to Contractor under this Agreement.

It CONFIDENTIALITY
If Contractor receives from the City infoimation which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose sucl'i information except in tlie performance of tlffs Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by otlier means. Confidential information disclosed to either party by any subsidiary City Council 20 – 195 4/15/2025
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information tbat (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligatioxi of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by tlie Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Contractor covenaxits tliat it presentlyhas no interests and shall not liave interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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

24. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between tlie City and Contractor, andsupersedesanyandallotheragreements,oralorwritten,betweenthepaities. Intheeventofaconflict between the teims ofthis Agreement and any attachments hereto, the terms ofthis Agreement shall prevail.

This Agreement maynot be modified except bywritten inshument signed by tl'ie City and by an authorized representative of Contractor. The paities agree that any terins or conditions of any purcliase order or other instrument that are inconsistent witli, or in addition to, the terms and conditions hereof, shall not bind or obligate Contactor or the City. Each party to this Agreement acla'iowledges that no represetttations, inducements, protnises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of anyliaity, which is not emliodiedherein.

15. ASSIGNMENT
Inasmucli as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Notliing in this Agreement shall lre construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. TERMINATION
This Agreemenl may be terminated by the Cityupon thirty (30) days written notice of teimination.

City Council 20 – 196 4/15/2025
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services pciformed by Contractor prior to receipt of such notice of teimination, subject to tlie following conditions:
a. As a condition of sucli payment, the Executive Director may require Contractor to deliver to the City all woi'k product(s) completed as of such date, and in such case such woit product shall be tlie propeity of the City unless prohibited by law, and Conh-actor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payi'nent need not be made for work wliich fails to meet the standard of performance specified in the Recitals of tliis A@eement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement sliall be effectiye unless it is in writing and signed by tlte party waiving tlie breacli, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other lireach, faiIure, rigl'it or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Califoi-nia, Both parties fuither agree that Orange County, California, shall be the venue for any action or proceeding that may be brougl'it or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivcrs, and exemptions necessary for the provision of the services hereunder and required by tlie laws and regulations of the Uiiited States, the State of California, the City of Santa Ana and all other govetnmental agencies. Contractor shall notify the City irn+nediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for terinination of tliis Agreement.

20. MISCELLANEOUS PROVISIONS
a. Eacli undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective paities to each of the terms of tliis Agreement, ai'id shaIl indemnify City fully, including reasonable costs and attorney's fees, for aiiy injuries or damages to City in the event tl'iat such authority or power is not, in fact, held by tl'ie signatory or is withdrawn.
b. AII Exhibits referenced herein and attaclted hereto shall be incorporated as if fully set foitb in the body of this Agreeinent.

City Council 20 – 197 4/15/2025

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

To City:

City Clerl<
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With coiutesy copies to:

Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.0. Box 1988
Santa Ana, Califoinia 92702
Fax: 714-647-5635
To Contractor:

J&G Industries, Inc.

Attn: Jim Cain, President
18627 Brookhurst St. #302
Fountain Valley, CA 92708
Fax: 714-903-2003
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, commrinication shall be effective or deemed to bave been given three (3) days after it has been deposited in the United Statcs maid, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, comtnunication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the haansmission report issued by the transmitting facsimile machine, addressed as set foith above, For purposes of calculating these time fiaames, weekends, federal, state, County or City liolidays shall be excluded,
[signaturepagefollowsl
City Council 20 – 198 4/15/2025

SIGNATURE PAGE FOR
AGREEIS/IENT WITH J&G INDUSTRIES, INC.,
TO PROVIDE CITY-WIDE ON-CALL DEMOLIT'lON SERVICES

FOR THF, CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties liereto liave executed tliis Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONLA R. CARV ALHO
City Attori'iey
By:

Branmalvatierra
Deputy City Attoiney
RECOMMENDED FOR APPROV AI,:

Ali Pezeshlcpour
Acting Executive Director
Planning and Building Agency
Alvaro Nufiez
City Manager
CONTRACTOR:

Jim
dent
City Council 20 – 199 4/15/2025

EXHIBIT A
Scope of Services
City Council 20 – 200 4/15/2025
Cl"n' OF SANTA ANA

EXHIBIT A

SCOPE OF SERVICES
Contractor shall perform services as set forth below.
1 ) Contractor is responsible for the payment of all applicable permits required to conduct the below scope of services.
2) The On-Call contractor shall respond with a task order quote within five (5) working days of receiving the request for a task order quote.
3) Selection of a contractor to perform each task order shall consider past work completion performance.

A. Demolition
1) Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to:
a) All labor on this project
b) All debris generated on this project incluing hauling debris in a lawful manner and to the proper destination
c) Securing demo site if required
d) Foundations and footings,
e) Slabs,
f) Basement,
g) Detached garage,
h) Landscaping, shrubs, and brush
i) Fencing,
j) Walls trees and
k) All miscellaneous to clear site complete
2) Contractor is also responsible for:
a) Grading the parcel for drainage,
b) Importing and exporting fill dirt or aggregate base as needed, c) Capping all water and sewer lines, and
City of Santa Ana RFP No. 25-027 Page 20 ofzH
City Council 20 – 201 4/15/2025

CITY OF SANTA ANA
i) Required to cap the sewer main as close to the property line as possible.

Contractors shall ensure that all utilities are safe and secure per the utilities' operating procedures.
d) Compacting to 1 00% density.
i) The property shall be flat and free of debris at the completion of the project. 3) Prior to submitting all on-call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building), or from public right of way, and obtain any necessary as-builts to define an appropriate scope of work.

Photographs in lieu of a sitevisit may be acceptable for certain projects. 4) All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition.
a) The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal state, and local regulations.
5) Copies of all demolition permits, water and sewer cap inspection approval and a letter of completion should be submitted for City's files prior to the Contractor receiving payment. 6) The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. 7) At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials.
8) Contractor shall hand deliver a City provided work notice letter to adjacent property owners at least one week prior to the demolition work.

B. Asbestos Abatement:
1 ) The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM-friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. 2) Results of any testing that identify asbestos containing materials will be provided by the City.
3) It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys.
4) Copies of all notifications must be submitted to City including:
a) Abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated;
b) Completed waste manifests; and
City of Santa Ana RFP No. 25-027 Page 2'l of 41
City Council 20 – 202 4/15/2025

CITY OF SANTA ANA
c) A completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished.

C. Lead Removal:

I ) The Contractor shall take all necessary precautions and follow all Occupational Safety & Health Administration (OSHA')s guidelines required in the handling of lead contained materials if any are detected.
a) Please refer to the Lead Hazard Evaluation Report which will be provided to the Contractor prior to on-call bid.

D. Rat and/or Vermin Abatement
1 ) Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement.
a) As part of the demolition completion package, written certification will be provided to the City, stating that such work was performed, and that the structures were free of infestation prior to the demolition taking place.

E. Erosion Control
I ) Prior to performing work under this Agreement, Contractor shall prepare erosion and sediment control plan for the approval of the Plan Check Engineer. a) The plan shall be prepared per the applicable guidelines described in the latest version of the Orange County Program Construction Runoff Guidance Manual (http://www.ocwatersheds.com/documents/bmp/constructionactivities). 2) The Contractor shall submit the plans for review and shall make the necessary revisions to the plans as directed by the City.
3) The plans shail be prepared by a Civil Engineer licensed in the State of California. a) The City may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the City that the person preparing the erosion control plan is qualified in the field of erosion control.
4) The Contractor shall keep a copy of the erosion control plan on-site for the duration of the contract and shall provide all necessary control devices to implement all necessary measures as shown on the plan.
a) The erosion control plan shall remain in effect until approval to remove is granted by the City.
5) Atl erosion control materials shall be available on-site and stockpiled at a convenient location to facilitate rapid construction of temporary devices when rain is eminent.

City of Santa Ana RFP No. 25-027 Page 22 of 41
City Council 20 – 203 4/15/2025
F. Removal of Trash and Debris

CITY OF SANTA ANA
1 ) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by-products of the demolition process.
2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris.
3) Contractor shall comp(y with all applicable federal, state, and local Iwas, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals.
4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection.

Fee proposal shall include:

1. Description of work (summarized scope of services)

2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below)

3. Schedule (from date of receiving a Notice to Proceed to task order completion) SAMPLE SUBJECT PROJECT SITE DESCRIPTION:

The subject sample project site, which was already demolished, is for comparison and evaluation purposes only. The sample project is located at 1301 W 11 'h Street, Santa Ana, CA 92703. The following is a brief description of the sample project site. Please refer to Appendix - Attachment 4 for full project site description and Asbestos, Lead-Based PainUUniversal Waste Survey.

The building is one story residential structure with stucco over wood framing exterior walls with brick fascia construction with the following approximate dimensions:

Main Dwelling Area:

Garage:

Covered Patio:

Total Area:

Total Land Area:
1685 sf
390 sf
275 sf
2,350 sf
6,970 sf
City of Santa Ana RFP No. 25-027 Page 23 of 41
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CITY OF SANTA ANA
Contractor is responsible for demolishing all improvements, including: 4" thick concrete slab foundation and footings to a depth of 3', and all surrounding landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, capping all sewer lines, and compacting to 90% density. Erosion control to include importing and exporting fill dirt as needed, installing straw waddles around site perimeter, topping site with 1" base course to prevent wind erosion, and installing rumble plates for the duration of the demolition.

Company Name:
1301 W 11' Street, Santa Aha, CA
Item Description Cost
Permitting
$
Engineering
$
Site Fencing for Duration of Demolition
$
Canopy BMP's/Erosion Control Plan
$
Asbestos/Hazardous Stabilization and Abatement
(on a separate sheet, provide a detail cost for this
lump sum amount)
$
Universal Waste Disposal
$
Interior Demolition
$
ExteriorWall/Building/Foundation Demolition
$
Sitework Demolition
$
Landscape and Trees Removal and Clearing
$
Vermin Abatement (Assume present)
$
Bee Colony Abatement (Assume present)
$
Other (describe...)
$
Total Price
$
City of Santa Ana RFP No. 25-027 Page 24 of 41
City Council 20 – 205 4/15/2025

EXHIBIT B
Contractor Proposal
City Council 20 – 206 4/15/2025

REQUEST FOR PROPOSALS
FOR

CITY WIDE ON-CALL DEMOLITION SERVICES

FOR ABATEMENT
FORTHE

CITY OF SANTA ANA
A1TENTION: YVETTE PORTUGAI, CODE ENFORCEMENT MANAGER

CITY OF SANTA ANA

PLANNING & BUIIDING AGENCY
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
DUE: MARCH 11, 2025 BY4:00PM
SUBMITTED ELECTRONICALLYVIA PLANET Bios
J&G Industries
City Council 20 – 207 4/15/2025
Request For Proposals for
Citywlde On-Call Demolltlon 8eivices forAbatoment
City of 8anta Ana
Attention: Yvette Portugal, Code Enforoement Manager
Planning & Bullding Ageiicy
20 CIVICCenter Plaza
8anta Aria, CA 92701
Damolitlon 8ervlees
Name:

Project Manager:

Address:

Fountain Valley, CA 92708
DIR: #1000004208
Plione: 714-908-2002
Fax: 714-901-2008
Emall: iinal-glnduatrfs,mm
Addendum(s): O/ (a*r €gA e>aArf';4oqf) A? ([)h'ne[) N'6'l'l{2A') Contract agreement statement: We have read and understand the intent ofthe contraot agreement and eonourwith aald aontractagreeinent.

The only person, persons, oompany or party Interested in the proposal as prlnclpals are names herein; this proposal is made wlthoutaolluslon wlth any otherperson, persons, oompany or parties submlttlng a proposal; that It is in all respeots fair and In good falth without collusion or fraud; and, thatthe slgnerofthls proposal has full authorlly to bind the prinalpal proposer.

J&G Induatrlea
City Council 20 – 208 4/15/2025
Table of Contents
rle*%ei
J&G Industries
City Council 20 – 209 4/15/2025
Our proposal presents our qcialifications, examples of past proJectswith references, approach to this project, and our proJect organization. J&G is able to provide an experienced knowledgeable and professional staff, willing to work diligently to meet the SA's needs. J&G is committed to providing adequate staffing levels at all tiines in order to adhere to established schedules. J&G is responsive to our clients needs, Our experience providing demolition services to local public agencies ai'id private clients has honed our Skill8 for maintaining excellent working relatlonships with property owi*ers, tenants, neighbors and local agency staff. Our years of experience working in California have provided us with the knowledge and familiarity required to meet with federal, state and local regulations, policies and procedures as they pertain to right of way and all other demolition services provided.

J&G has participated and performed in previous and current on-call contracts for various Cities. We have demonstrated our-ability to satisfactorily perform the required work. We have successfully completed the safe demolition and abatement of thousands of structures ranging from residential to commercial and industrial, encompassing millions of square feet, Demolitions have included structures of one story to over ten stories. J&G has also performed emergency demolition and cleanup services !n past natural disaster events. We have been successfully providing our services to public and private clients on similar projects for 35 years.

Demolition and site clearance is our business.

J&G has never failed to complete any work awarded by a public agency and has never been found in default on any contract or agreement.

J&G Industries Inc has the latest in demolition equipment, compliant with CARB regulations (Entity #E1035'l7), Including excavators with attachments including shears / grapples / pulverizers / breakers, track Joaders, skid steer (oaders with attachments, etc, An aggressive recycling policy has always been an important aspect to our business long before it was the buzzword in the industry or by environmentalists, Through the acquisition of a J&G Industries
City Council 20 – 210 4/15/2025
i'iew portable crusher (RMG 400), it has lowered costs to our clients while it has also further proven our commitment to recycling by an aggressive policy, J&G has years or experience
working with multiple City
departments and other public
agencies like:

OCTA
Caltrans
County of Orange
South Coast Air Quality
Management District
State of California Division of
Industrial Safety
OSHA
California Departinent of llealtl'i
Services
Ca1ifornia Highway Patrol
Various Utilities: SCE, GTE,
Verizon, Southern California Gas,
etc.
o underground Service Alert
Fire Departments
Federal Environmental Protection
Agency
J&G Industries, Inc, is a California Corporation founded in June 1989, in business for 35 yrs.

J&G has one office, physical address: 7511 Suzi Lane, Westminster, California 92683. Our mailing address is: 18627 Brookhurst Street, Box 302, Focintain Valley, California 92708, J&G also has one equlpment yard located at 1650 West Pellisier Road, Colton, California 92324, Current employee numbers range up to 20.

J&G is a Licensed Contractor (License No, 571859, Class A, C-21 with ASB and I-IAZ Supplements; expires 6/30/25).

J&G is actively involved wlth The National Demolition Association and has been a member for 34 years.
s Department of Industrial Relations Reglstration #"i000004205 J&G Industries
City Council 20 – 211 4/15/2025
%ffA@i5@g6ih
J&G has successfully completed the safe demolition and abatement of thousands of structures, ranging from residential to commercial to industrial and encompassing millions of square feet, These demolitions have included structures of one story to over ten stories. J&G has experlence in performing work of the me or similar nature for various clients, including: the City of 8anta Ana, the City of Corona, Skechers USA, Moss & Associates. Attached are descriptions of these projects and project references, J&G strives to maintain excellent working relationsl'iips with all parties involved and affected by ocir activities.

Proj<;6t Staff Ore6Teiitials
J&G has highly qualified, fully trained and dedicated employees, all available for performii'ig tlie proposed work. These same employees performed the work described in the related Project Experience sectioi'i. Each J&G employee receives annual training satisfying the OSHA HAZWOPER standards and every two-years, training in First Aid/ Adult CPR and AED/ Environmental. Most of J&G's field personnel are certified as AHERA-accredited asbestos workers. J&G project superintendents and field foremen also receive training in the u.31-IA Construction Safety Out Reach Program, All employees receive on-the-job training for project specific work tasks. (',J"a ['-Ab'
@!I
J&G employees are dedicated to the company and to doing a job well done. The average tenure at J&G is over 21 years for project managers, field superintendents, field foreman, equipment operators, and 15 years for laborers, Each employee has had an average of 10 years of experience in the demolition field prior to worklng at J&G.

Ris;tji;neo:

Jim Cain - Project Manager/Principal Agent
Jim Cain, as President of J&G brings over 47 years of experience in the demolition industry, Prior to forming J&G, he previously served eight years as president of a maJordemolition environmental firm, growing it from a 10-person $1 million/year company to a 150-person multi million/year firm.

J&G Industries
City Council 20 – 212 4/15/2025
Jim served a three-year term as a member of the Board of Directors of the Nationa) Association of Demolition Contractors (NADC) from 1990-1993, I-le was also President of the Southern California Chapter of NADC in 1995 and 1996.

Jim served from 1995 through September 1998 as project director, and a project manaqer, for OCTA Agreement No. C-95-950 Property Demolition and Clearance Services, 1-5 Freeway North and Various Measure M Projects, J&G completed nearly 50 demolition and site clearance CTOs for the previous 1-5 Freeway wldening project.

Jim has served as a project manager from 1998, through late 2002, on a major demolition project consisting of over 300 acres at Pier T, formerly the Naval Shipyards, at the Port of Long Beach. I-fis responsibilities included interface with the construction management team and tl'ie numerous contractors involved with the project. Jim also served as project director and superintendent for the Capehart Housing Demolition at the Yuma Marine Station in Ycima, AZ as well as the Arnold Heights Military Housing Demolition for the March Joint Powers Authority at the March Air Reserve Base.

Eric Cain - Project IVlanager / Field Superintendent
Eric has over 17years of experience In the demolition industiy and hazardous materials industry. He has taken courses and maintains multiple industry related certificates. Eric is a key contact and will manage day to day operations on site, coordinate with both Al-IA officials and any associated governing agencies to comply with all city, county, state and federal regulations.

Eric has been a project manager/field superintendent for various City projects during this time, including projects for the City of Garden Grove, as well as the Multiple Street Dernolition projects for the City of Santa Ana. Eric was also a field superintendent for the Sherman Indian High School, Dorm Building #4 Demolition project for the u.s. Department of the Interior, Bureau of Indian Affairs. Eric is a graduate of Chapman University with a Bachelor of Arts degree.

Certifications,
ffl OSHA10-hourConstructionSafetyOutreach
Heartsaver First Ald, per curriculum of AHA
32-hour Procedures & Practices for Asbestos Abatement Contractors & Supervisors AHERA Asbestos Abatement Contractor Supervisor
J&G Industries
City Council 20 – 213 4/15/2025
OSHA Hazardous Waste Operations
OSHA 30-Hour Constructioi'i Course
081-IA Orientation & Fall Protection Regulation
DI-IS Accredited 3-day Lead Worker Course
National Utility Contractors Association (NUCA) Competent Person Training Progi-am i' National Association of Demolition Contractors (NADC) Safety Summit io NPDES Construction Site Storm Water Management Course Ceitified Registered Traffic Flagger
Mauro Ruiz - Field Superintendent
Mauro lias been working in the demolition industry for J&G as a superintendent and foreman for 30 years, J&G as a superintendent and operator/ foreman He has taken courses and maintains multiple industry related certifications. Mauro served as a field superintendent for OCTA Agreement No, C-95-950 Property Demolition and Clearance Services, Cape)iart Housing Demolition, 1-5 Freeway North, and various Measure M Projects, J&G completed nearly 50 demolition and site clearance CTO's for the previous 1-5 Freeway widening project, Certifications:

NAVFAC Construction Qciality Management for Contractors OSHA 10-hour Construction Safety (Xitreach
I-leartsaver First Aid, per curriculum of AHA
32-hour Procedures & Practices for Asbestos Abatement Contractors & Supervisors AHERA Asbestos Abatement Contractor Supervisor
OSHA Hazardous Waste Operations
DI-IS Accredited 3-day Lead Worker Course
National Utility Contractors Association (NUCA) Competent Person Training Program OSHA Orientation & Fall Protection Regulation
National Association of Demolition Contractors (NADC) Safety Summit Certified Registered Traffic Flagger
Tim fVlulvaney - Project Manager / Field Superintendent Tim has over 46 years working in the demolition industry and has worked with J&G for over 8 years as a superintendent and project manager. Before joining J&G, Tin owned and operated a demolition and abatement company for over 16 years, doing over $IO million a year. Tim has J&G Industries
City Council 20 – 214 4/15/2025
experience starting from the ground up doing labor, operating heavy equipment to consulting.

Tim has been a project manager and project director for major demolition projects, including pciblic projects for the City of Garden Grove, the City of Santa Ana ELSwell as private projects located all throughout southern California.

Todd Tredick - 8afety O&er
Todd has been Involved in the demolition and abatement industry since 1986, Todd has certifications as a Certified Safety Professional, #25032, a Certified Asbestos Consultant, 095-1744, which includes training and certifications as a certified AHERA Building Inspector, ManagementPlanner, ProJectDesignerandAsbestosSupervisor/CompetentPerson.He also has 40 hr I-lazWOPER training, first-aid and CPR Training, is a trained competent person in excavation and trenching as well as being a California Department of Health Services certified Lead Supervisor
Todd served on the employee safety and health committee for the National Demolition Association from 1998 to 2020. I-le co-authored the most recent revision to the National Demolition Association's Demolition Safety Manual, Todd has also trained CalOSHA inspectors in the safe work practices for demolition contractors as part of the NDA's alliance with OSHA.

Todd has overseen and implemented the health and safety plans for projects costing in Excess of $IO million dollars and covering more than two hundred acres, Some of the plans He has overseen and implemented include: demolition and site safety characterization, decontamination, hazardous materials reinoval and disposal, asbestos and lead abatement, hazard communication training, safety meetings, site safety audits and accident investigations.

Contract Task Order (CTO) requests will be received and reviewed by Jim Cain, President of J&G, Mr. Cain will negotiate with SA the costs to complete the CTO. Mr. Cain will assign a Project Manager (PM) and Field Supervisor (F8) for the CTO, For small and medicim size CTO's, the PM can also seive as the FS, J&G's PM are: Jim Cain, Eric Cain and Tim Mulvaney. J&G's FS are: Eric Cain and Mauro Ruiz.

The following Is a description of our anticipated approach to implement the CTO's upon SA's authorization to proceed with the work,
J&G Industries
City Council 20 – 215 4/15/2025
J8iG'8 assigned PM will first manage the services that are required to be performed within 24 hours of CTO execution. If required, fencing and boarding will be installed to secure the site.

All necessary notices, ordinances, statues of rules, laws and regulations shall be followed in the pefformance of tlie CTO. Notifications/permits may include: city grading, city demolition, city sewer capping, Orange County Health Care Agency (OCHCA) tank closure, OCHCA water well closure, OCHCA monitoring well closure, South Coast Air Quality Management District (SCAQMD) demolition, 8CAQMD asbestos abatement, SCAQMD VOC containing tank or soil abatement, OSHA excavation, OSHA falsework, OSHA over l'ieight, and OSHA scaffolding.

The PM will direct J&G's consciltant to prepare a Notice of Intent (NOI) to comply with the terms of the general permit to discharge storm water associated with construction activity, for sites that are one acre or larger in size. The PM will submit the NOI and permit fee to the State Water Resources Control Board. When required, the PM will direct J&G's consultant to prepare a Construction Storm Water Pollution Prevention Plai'i (SWPPP), or an erosion control plan. Storm water best management practices will be implemented as needed for compliance with the SWPPP/Erosion Control Plan, Rat and vermin inspections, and bee colony inspections to be performed as necessary.

A site specific Health & Safety Plan will be prepared for the project. The FS will conduct weekly tailgate Health & Safety meetings to cover health and safety issues with field workers, J&G's consultant will periodically conduct site safety inspections. Results are given to the PM for directing changes.

Underground Service Alert will be contacted to have the locatlon of utilities marked. The PM shall contact utility companies to coordinate any required utility terminations, Where required, sewer capping will occur at the beginning of work. The FS will be on site at the time the agency Is scheduled to inspect the utility termination.

Care shall be taken to perform the services SO as not to endanger the safety or any person or property, At the start of the CTO, the FS will visually survey existing improvements and utilities near the work site, in order to protect them from damage, FS will also visually survey the site for potential materials containing regulated/hazardous wastes. The PM will contact SA of any FINDINGS.

J&G Industries
City Council 20 – 216 4/15/2025
As directed by SA, the PM will arrange for J&G's consultant to perform an asbestos and leadbased paint survey and an abatement plan for asbestos and lead containing materials removal and disposal. When an asbestos and lead-based palnt survey has been previously prepared, the PM will arrange for J&G's subcontractor to prepare an abatement plan, The abatement plan will be submitted to the SCAQMD for their approval if required, The PM shall confirm that all required licenses, permits and certifications have been acquired for implementing the abatement plan. The PM will submit the SCAQMD approved abatement plan for SA's approval to proceed with its implementation. Upon SA's approval, J&G's abatement subcontractor will implement the abateinent plan, FS will verify waste is properly manifested for disposal at a proper facility.

Upon completion of abatement plan implementation, the FS will conduct a pre-demolition survey to identify: that the asbestos, lead, regulated and hazardous wastes have been removed as per their abatement plans; verify inonitoring records; verify proper manifesting of waste disposal; visually verify no other hazardous materials are left in the demolition area; as required, verify site is secured by appropriate fencing; verify that appropriate protection devices are in place, such as pedestrian canopy; verify appropriate signing displayed (ie: no trespassing, keep out demolition in progress, danger, etc.); verify all utilities have been terininated; and erosion control measures are in place, as needed and required, The FS will use a checklist to complete the pre-demolition survey, The FS will confirm with the PM that the demolition area is ready for demolition. Structures ready for demolition will be clearly marked "CLEAR FOR DEMO J&G",
FS will direct crews in: structure demolition; improvements demolition; salvaglng procedures; solid waste clearing and disposal. Where practical, concrete, asphalt, steel, non-ferrous metals, and wood will be segregated and sent off site for recycling. The site will be backfilled, graded and a minimum of 1" base material will be placed overentire lot with sand bags/wattles at perimeter. FS will review fieldwork daily for compliance with CTO specifications and record findings in a quality control log,
Field personnel are trained to stop work upon discovery of suspect asbestos, regulated or hazardous waste, The FS will contact the PM, who in turn will contact SAA, The FS shall leave the work sltein a clean and neat condition, upon completion of the CTO. The PM will notify those agencies required for final inspections and sign offs, J&G Industries
City Council 20 – 217 4/15/2025
The PM will track the CTO schedu!e and bcidget by cising project managemei'it software, Sr,hedule and budget updates will be provided to SA as required, PM will notify SA to have al( work inspected within 24 hours of CTO work completion. The PM will prepare all required paperwork for final closure package and billing for the project, Jim Cain, Project Nlanager/ Principal Agent- J&G, 34 years Eric Cain, Project Rnanager/Field Superintendent - J&G, 17 years, Mauro Ruiz, Field Superintendent- J&G, 30 years,
Tim Mulvaney, Project Manager- J&G, 8 years.
a Todd Tredick, 8afety Offk,or - J&G, 20 years
50-100% Available
50-100% Available
50-100% Available
50-100% Available
50-"100% Available
Commerclal & Residentlal Properties Demoliflon, Demolltion 8ervk,es Contract#A-2022- 086-01 (Demol}flon Servlces Contract#A-2017-038 im.luded Phase I-Completed; On-Call Contract#ll-8740 included WarnerAve Improvements, Completed 2016) Warner Ave Improvements from Oak St to Grand Ave Phase 2; 706 E Warner Ave, 909 E Warner Ave, 2247 Evergreen at, 224'l-2245 Kilson Dr, Santa Ana Project #18-690'l Year: 202'l-2023
Project included demolition and abatement of commercial and residential structures, Asbestos abatement was included in scope of work as well as sewer cappJng, grading of site to drain and pumping of any hazardous liquids. All work was completed within the time frame, in budget and with no incidents, Eric Cain was the contact coordinator and Mauro Ruiz was supervisor on this
project,
ContractValue: $110,313,00
Contact: David Ramirez, Assoc. Eng
714-647-5641
City of Santa Ana
20 Civic Center Plaza, Santa Aha,
CA 92702
J&G Industries
City Council 20 – 218 4/15/2025
McKmley Street Grade Separation Project Demolition of Structures located at 161 & 166 N nflcKinley 8t, Corona #21-086CA
Year: 2021
Scope of work included demolition of former restaurants that included slabs and footings removal, Asbestos abatement was included in the scope of work as well as sewer capping, grading site to drain and site clearance. All work was performed within the time frame and budget with no occurrences. Jim Cain and Eric Gain were the main contacts and Mauro Rtiiz was a supervisor on this project.

Completed: July 202'l
Coi'itractValue: $187,530,00
Contact: Carol Appelt, Pcirchasing,
@5"l-395-1941
Clty of Corona
400 S Vk,ente Ave #320, Corona, CA
92882
"1050 Duncan Ave Office Building Demolition, Manhattan Beach #001-0000"l22328 8kechers USA
Year: 2023-2024
Scope of work included demolition and asbestos abatement of a commercial 2 story office building. Work also included removal of slabs and footings, SWPPP implementation, sewer capping, leave site to drain and site clearance. Eric Cain and Mauro Ruiz was supervisors on these projects and all work was performed according to schedule and bcidget.

Completed: 2023-2024
Contract Value: $261,855.00
Contact: Tim Ball, VP Commercial Development
3-10-318-3100 / 310-600-9436
8kechers L18A
225 8 8epulveda Blvd, Manhattan Beach,
CA 90266
JAG Industries
City Council 20 – 219 4/15/2025
Capehart Housing Llnits Projm:t#l302l02; CPQH CapEx CY2"l, Phase I &CY22, Phase 2 MCA8, Yuma, AZ 60 Residential Housing Units Demoliflon, Marine Corp Air Station, Yuma, 42
Camp Pendleton & Quantico Housing LLC, Moss & Associates Year 2022-2023
Scope of work included demolition and abatement of (80) residential structures, removal of slabs and footings, SWPPP and site clearam,e. Jim Cain was the contract coordinator, supmvisor and €1/lauro Ruiz was a foreman on these projects. All work was performed within budget and time frames.

Completed: 2022 - 2023
Contract Value: $6.1 million
Contact: Tim Fraser, Project Executive,
760-908-'1866
[email protected]
Moss & Associates LLC
100 Wonsan Dr, Oceanside,
CA 92068
J&G Industries
City Council 20 – 220 4/15/2025
HgfThfeWhMs
J&G takes pride in doing each job well done, SA
is welcomed to contact any of the contacts
referenced in the above project descriptions
City of Santa Ana
20 Civic Center PJaza, Santa Ana, CA 92703
David Ramirez, Project Manager 714-647-5641
DRamirez(Qsanta-ana.orq
Jason Gabriel, Sr Civil Eng, 7'l4-647-5664
[email protected]
City of Corona
400 Vicente Ave #320 Corona, CA 92882
Carol Appelt 95'l-395-"1941
Carol.appelt(a,coronaca,qov
fVloss & Associates LLC
'100 Wonsan Dr, Oceanslde, CA 92058
Tim Fraser 760-908-1888
TFrgser(lmosscm.com
8kechers USA
225 S Sepulveda Blvd, Manhattan Beach, CA
90266
Tim Ball 310-600-9436
[email protected]
J&G Industrles
City Council 20 – 221 4/15/2025
MAYOR
MlgualA, Pulkm
MAYORPROTaM
MJahahiMadlnez
COuNCILM!!MaER8
P. Dav}dBanaums
!/}unto 8annlamo
Jose 8o!odo
8alTlnapm
JuanVlllagaa
October 29, 2018

CITY OF SANTA ANA
20 CIVIOCOnlOTPlaxn * PIOI BOXi9a[l
8iinla Ann, Calffornlii 02702
srhwz.sanla-nna.om
OlffMANAaffil
Rald ao(Hfflz
(IIT/ ATT€)RNaY
8onla R, Oanialho
CLERK OPTHa aOuNCll
Mada D, Humr
To Whom It May Concern:

J&G Industries lias bean providing deiriolition services For the City of 8anta Ana and we could not be hapliier witli their services.'llicy areprofessioital, responsive to all forins of commtinication aiid above all worlc well witli City staff, 'l'lie City would highly rccominend J&G Industries for demolition and site clcaranco services to any agexitiy and/or tnunicipalily that may nt,ed assislance,
In partictjar, jl'ic City of Santa Ana would liketo recognize Mr, Eric Cain for liis hard woik and ext.:eHence in sciavicing tlie nccds and cxpcc(alions of all City staff. He is well versed ixi demolition, site clearance arid is also vcxy frimiliar with priblic agency standards and statewidc quality requirements, He is truly a pleasure to worlc with and his entliusiasm and dedication to his work is remarlcalylc.
8hould you have any questions, please fccl free to contact me. "l'hanlc you,
8hah81ias
Ehab Elias
Engineering 8erviccs
Public WorksAgency
Ci(y of SantaAna
M%vdA,PuHdo ! AWmlMa**t
Waif I AJOTPt(lThnl,Waldl
ffi I MManltinamii<anaieta
8ANTA ANAOIT/COUNOII
Wild1
JuaWaki
Waida
i
p,OamB*jimlai
%am4
DaanuWiieaan1s-uaeia
JuaA%4(d\a
,Mlm
8aW}Tl,nldolnaio
FITfnJunmlunln-nnii.om
City Council 20 – 222 4/15/2025
Personnel Category Hourly Rate
Project Manager/Principal Agent $ 225,00
PrOJC)C{Manager/PrlnclpalAgent/F1eld
Superintendent
$ 225,00
Safety Director/Officer _ .____________ $ 195.00
Field Superintendent $ 2"l5,0___0.___
Offk,e Manager $ "i25.00
Operato_r _$_____180.0(_____
Laborer $ 120,00
Equipment ,__llll% Hourly Rate
973 Track po_pd__er(s)(bare rate) $ 150.00
Volvo 235 Excavator(s) (bare rate) $ 160,_00
Volvo 480 Excavator(s) - bucket (bare
r_at_e)_______.._
$ 215.00
RMG 100 Portable Crusher $ 725.00
Attachments: Excavator
Rotating Grapple $ 75.00
Paddle Wheel $ 40.00
Breaker $ 105.00
Pulverizer $ 140.00
-. _3rdMember Shear ___
2nd Member Shear
$ '150.00
$ 225.00
Bobcat 8id Steer Loader(s) - bucket
(bare)
$ 50.00
Attachments:

Breaker $ 55.00
Shear $ 85.00
Power Sweeper $ 60.00
Forkliff $ 450/day
1500-2000 Gallon WaterTruck $ 45Q7Qay
Trucking by G.O Rodriguez MBE
Lo Bed Charges Curient rental
rales
Hi-side End Dump Cunent rental
rales
Lo-side End Dump Current rental
rales
Fee Schedule
Presented here is the fee
schedule for J&G Industrles to
provide the City of Santa Ana
with City Wide On-Call
Demolition Services for
Abatement.

The hourly rates reflect all
costs and anticipated fees for
the contract duration, up to a
maximum of three years,
All subcontractors will be at
cost plus IO% mark-cip,
All materials and supplies ai'id
disposal fees are at cost plus
10%.

Support vehicles are included
in hourly rate for personnel
categoiy.

City Council 20 – 223 4/15/2025
DA'ff!l!AMt[lDfnYYl
11/1/2024
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18627 Brookliural Straot
PMn 302
Founlaln Valley, CA 92708
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8HOuLO ANYOP Tm! ABOVff ffil8(1111980f'e}1101(!85ffl O/lNaffllEID WOnff TAHcnoOERXoPAINRoA!TIW01NTHDTAHT:Po?lHloByR:tnOoP,18NlOoNTl80ff WILtOffDIll.lVffft5D IN 4111110!It!t!DllnPllDl7/,YilVqa ,..

ACORD 28 (2016/03)
CANC!fiLlATION
0l00840"l5AOOROOORPORATION,Allrlghtsreservod.

TlteA00RDnameandloan areregisteredmarksofACORD
City Council 20 – 224 4/15/2025

CITY OF SANTA ANA
Contractor Is responsible for demolishing all improvements, includlng: 4" thick concrete slab foundation and footings to a depth of 3', and all suirounding landscaplng, Contractor Is also responsible for clearing the site, grading the parcel for drainage, capplng all sewer llnes, and compacting to 90% density. Erosion control to Include importlng and exporting fill dirt as needed, Installing straw waddles around site perimeter, topping site with 1" base course to prevent wlnd erosion, and Installing rumble plates for the duration of the demolition.

Prlce provided belowshall be based solely on the Information provided hereon and shall be an allInclusive price and shall include all Items listed and cover all Items or work identified above and Appendix - Attachment 4 to deliver a clear site with no remainlng improvetnents, 0@(HpB0y %B@B; J&G Industries Inc
1301 W.llth8treet, 8anta Aha, CA
Item Description Cost
Permitting
$
600.00
F=nglneerlng
$
1,000.00
Site Fencing for Duration of Demolition
$
800.00
Canopy BMP's/Erosion Control Plan
$
2,420.00
Asbestos/Hazardous Stabilization and Abatement
(on a separate sheet, provide a detail cost for this
lump sum amount)
$
23, 100,00
Universal Waste Disposal
$
725.00
Interior Demolition
$

0.00 ExterlorWall/Building/Foundation Demolition
$
19,500.00
Sitework Demolitlon
$
9,375.00
Landscape and Trees Removal and Clearing
$
3,650.00
Vermin Abatement (Assume present)
$
250.00
Bee Colony Abatement (Assume present)
$
325.00
cap sewer !7825.00
Other (describe...)'aa8e Lot in S3, 675. 00
$
4,500.00
Total Prlce
$
66,245.00
Clly of Sanla Ana RFP No. 25-027 Page 24 or41
City Council 20 – 225 4/15/2025
DetallsAsbestos/ U,ad
&lbcantractor: 5M Contracting Inc
CSIB #9623!!)0
DOSH #B94
SD[i #2008806
DIR #10000022U
ASbeStOgAbatementIS1ncJt)slvaofremovalsofRACM;CA'r,liCATIIASbestos containlnB materialsper Terracon Survey (Project N0. 60!17585)
Leadcomponentswll)be stablllzad and a waste chiiracterl;iatlon to be performed prlortodemolltlon, Agency Notlflcatlons:

SCAQMD
OSHA Notlfk,atlon
Contulnmqnt:

Establlsli control ofproperties (cautlon/asbestostape)
Create Irid!vtduof contalnments a
Establlsh hegatlve air as needad
Provide elactrlclty and water
Decontarmnatlon umts (wlth shower facllltles)
Flnel Cfearlng end Waste:

Flnal cleanlng forvisua) clearance
Waste bhg-out
Waste packaging
Manlfestlng
Dlsposa) and trsnsportatlon
Documeiitatlon:
5M Contractlng reportofflnalwork
Manlfestlng of waste
Assemble owner responsefor "hazardous waste"
Antlclpated Schedii)e ts 3-4 mah crew for (l) 8 hour shafts City Council 20 – 226 4/15/2025

CITY OF RANTA ANA

ATTACHMENT A
PROI"OSER'8 CERTIFICATION, PROPOSAL PRICING
Certlflcatlon-I certiry tliatlliave read, understand ai'id agreeto the terins and condltlons of this Request for Proposals, I have examined the Scope of Services (Exhllyit I) and am qualified to piwlde services being requested as specffied herein. l understand and agree tliat I am responslbio for reporllng any errors, omissions or discrepancies to tl'io City for c!ariflcatlon prloi' to the submlsslon of my proposal.

PROPOSER'S STATEMENT: I havo read, understood and agree to the terms and conditions on al[ pages of (he Request for Proposals, Upon request, I will transfer and deliver goods or sarvices to the City in accordance wlth sald terms and conditions.

J&G :[ndustries Iric

LEGAL NAME OF COMPANY
714-903-2002 / 71/1-903-2003

PHONE AND FAX NUMBERS
18627 Brookhurst. St 0302 Fouritain Valley, C)192708

BUSINESS ADDRESS
33-034 3018 571. 859

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

1.60248
CITY OF 8ANTA ANA BUSINESS LICENSE NUMBER
(PLEASEPROVIDEIFAVAILABLE,BUTNOTREQulRED UNTILANDIFANAWARD18MADETO PROPOSER.) PROPOSAL:"Ou:('?'C:;TH:F:LL:: (,::['E4':NON:8F"ON81VE.

City of Senla Ann RFP No. 25-027 Pa(lo33of4l
City Council 20 – 227 4/15/2025

CITY OF SANTA ANA

ATTACHMENT B
REFERENCE8
List and describe fully the contracts perrormed by your firm whlch demonstrate your abllity to provide the supplies, equlpmont or services Included In the scope of the proposal speclflcatlons, Attach addltiona) paqes If required. Tho Clty reseives the right to contact eacli of the references 11stedfor addltlonal Informatlon regarding your fiim's qualifica(ions.

REFERENCE
Q3Bj@17)Bla%ByB;Clly Of Santa Ana
/lddress: 20 C:1.V:l.(2Conter Plaza
Santa Ana, CA 92701.

Contract Amount: ' Varj-ous
Contact IndMdual: Daa"r' Ram-'-rez
Plione Number 7"-647-3' 641
EMAIL, [email protected]
Year: 2011toC!urrent
OnsA!'!\!n8fe8n!p3eo';i €'#'a'g't'gn:t' f"':\:Jl5'Ths-!'r8X"'8g: ,'!X?A"!tO'%/a-'036' (j:d, 4A\a-e6'74lOo aders'byharld Demolitj.on, aliatement, pumping haz materials, sever capping, site cJ.earance gracU.ng smite to dra:in for,commetc.xal & res.i.denl::i.a.L structur(is.

REFERENCE
CustomerName:City of Corona Contactlndlvidual: Carol Appolt Address: 400 S Vicente Ave 0320
Corona, C71 92882
ContractAmoun(: 03.a7/530.00
Phone Number: 051-395-1941
EMAIL, Carol. appelt@coronaca, gOv
Year: 202).
for draj.nage, site clearance
RffiFE:RENCE
CustomerName:Moas & Aaaoa LLC
Address: 100 Wonaan Dr
Oaeans;i.de, CA 92058
ContractAmounl: *6.1 inillion
Contact IndMdual: '!irn Fraser
Pliorie NLlmbe!" -/6"90'l866
EMAIL, TFraser@m088Cm. Cam
'(0B(; 2022-2023
f)eesmcorlp!onagfasggg!!ens,egWpm(gBt,orrseesry!eesnp4al(iay)!,1(3(IB;!rxucaatyuarFeo8r;iPkPJ,d, slteemeorva.:L,oaodfer:1,a%y,,har j:oot,tntp, sit<4 cl3,ap@nce at M4rinq Corps 44r Statiori Yuiiia, AZ capenarc I-Iousing un:i.ts Phase .i ana P}iase 11
(illy oT8nnloAno RFPNo.25-027 PaOo34 or 41
City Council 20 – 228 4/15/2025
CITY OF 8ANTA ANA

ATTACHMENT C

PROPOSER'S STATEMENT
Proposer understands and agrees that thls willten RFP (or any ):iart thereof speclflcally designated and accepted by tlie City ofSanta Ana,l'ierelnaffer Ci(y) shall constltute the entire agreement be(wean proposer and Ilie Clty only after it has been accepted by the City Council, endorsed by the Clerk of the Council wlth her signatureand official sealnotlnghereontheac!Ionof apliroval of the Council,signedby the Executive Diret,tor or hls duly authorized agent, and signed by the City Attorney, denoting lils approval or the form of tl'ils document, and its exeou(Ion, and wlien it or an exact aopy of it has been el(herdellverecl to proposer or deposited wllli tide United States Postal Service propeily addressed to the proposerwlth the correct postage affixed thereto.

Proposerfurtheragrees that upon delivery (as defined above) oftlie accepted agreement he/she will fcirnlsh City all required bonds and certificate of liability insurance within ten ("10) days (excludlng Saturdays, Sundays and City's legal holidays), or tlie funds, check, draft, or proposei's bond substituted In lieu thereof accompanying thls proposal shall become the property or the City end sl'iall be considered as payment of damages due to the delay and otliercauses suffered by CRy because of the failure to furnlsh the necessary bonds and because It Is dlstlnctly agreed that the proof of damages aclually suffered by Clly Is dlffk,ult to ascertain; otherwise sald funds, check drafis, or proposer's bond substituted In lieu thereofshall be returned to the undersigned,
Proposer understands that a proposal Is required for tlie eritlre work, that the estlmated quantities set forth In the RFP sc!iedule are solely for the purpose of comparlng proposals, and that final compensatlon under the contractwlll be based upon tlio actual quantl(les orwork satisfactorily completed.

All terms contained in the specifications, the cer(lflcallon of nondiscrimlnation by contractors, and tlie requlred Insurance cerllrlcates are to be Incorporated by reference into thls agreement and are made specifically as part of thls RFP.

James K Caj.n
'T'Ho"'T"D""'N'O"T"CaO"N':;T'a;rF"0"RoM'!::L"oB'o,%'0':D'E"R"'E'J Clly orSonla Ana RFP No. 28-027 Pniio35of4!
City Council 20 – 229 4/15/2025

CITY OF SANTA ANA

NON-COLIUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 'l12 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly co(luded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirect(y, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contr-act; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and wi(l not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collbisive or sham proposal.

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

Signed -,-
State of Cocinty of Orange
Subscribedandswornto (oraffirmed)beforemeonthis dayof [ltrck , 20 25, by Jrr-yrv'> /<, Ir;iri , provedto meOnthebasisof satisfactoryevidenceto betheperson(s) who appeared before me.

Notary4'iiblic Signature

MYLEIGHPINKMAN
Notary Public Seal
THIS FORIVIMUST BE COIVIPLETEDAND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORn/lWILL BE CONSIDERED NONRESPONSIVE.

City or Santa Ana RFP N0. 25-027 Pags36of4l
City Council 20 – 230 4/15/2025

CITY OF SANTA ANA

ATTACHMENT E
NON-LOBBYING CERTIFiCATION
Theprospectiveparilalliantcertifies,byslgnlngai'id submittingthlsbidorproposal,tothebeslofhisor lier knowleck)e and belief, that:
(1) NoFederalapproprlatedfundshavebeenpaldorwillbepaid,byoronbelialfoftheunderslgned, to any person ba Influencing or attempting to Influence an officer or employee of any Federal agency, a Member ofC,ongress, an officer oremployae of Congress, or an employee of a Member of Congress In connectlon with the awarding of any Federal conlract, tlie maklng of any Federal grant, the maklng of any Federal loan, the entering Into of any cooperallve agreement, and the extension, continuation, renewal, amendinent, ormodlflcation ofanyFederalcontract, grant,loai'i, or cooperatlve agreeinent,
(2) If any funds other tlian Federal approprlatod funds have been paid or will be paid to any person for Influenclng or attemptlng to Influence an offlceror employee of any Federal agency, a Member of Congress, an officer or emptoyee of Congress, or an employee of a Member of Congress In connection wlth tliis Federal contract, grant, loan, or cooperative agreement, tlie undersigned shall complete and submit Standard Forrn-LLL, "Disclosure of Lobbylng AotMtles," In conformance with Its Instruatioi'is,
This cerilflaatlon Is a material representation offact upon whlch rellai'iae was placed whon thls transaction was made or entered into. Submission of this certification Is a prerequisite for making or enterlng into this transaction imposed by Section "1352,Title 81, u,s. Code, Any person who fails to file tlie requlred cerilfk,ailon shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure,
The prospective parllclpant also agrees
require tl'iat the language of tlils
3100,000 and
by submlttlng hls or her bid or proposal that )ie or she shall be Included In all lower tler aulx:ontracts, which exceed certify and disclose accordingly,
Signed:

Title:

Firm:

Date:

J'&G Indust.ries :l:nc
PROPO8XlrT:0"N'0"f'C(:A:THl8::LL:HC'N"lDERE7NON::8PON81VE. (:lly ofSanla Ana RFP No. 2(i-027 %(le 87 of 4'l
City Council 20 – 231 4/15/2025

CI'TY OF SANTA ANA

ATTACI-IMENT F

NON-DISCRIMINATION CERTIFICATION
The cinderslgned consultant or corporate of(k,er, during lhe performance of thls contract, certifies as follows:

1. The Corisultant sliall not discriminate against any employee or applicant for em):iloyment because of race, color, religion, sex, or +iational origin. The Consultant shall take affirmative action to ensure that appllcarits are einployed, and tliat employees are treated during amployment witliout, regai'd to their race, color, religion, sex, or national origin. Suali action shall li'iclude, but not be limited to, the following: employmerit, upgradlng, demotion, or transfer; recrultmenl or recruitment advertlslnq; layoff ortermlnatlon; rates of pay or otlrer forms of coinpensatlon; and selectlon for tralnlng, Inaluding apprentlceslilp, The Consultant agrees to post In conspicuous places, available to employees and applicants foremployment, notices to be provided setting for(h the provisioris of this nondiscialmination clause,

2. The Consul(ant shall, In all solicitations or advertisements for employees placed by or on behalf of the Consultanti state that all qualified appllOantsWill receive (ionslderatlon fOlaempl0ymel'lt WlthOut regard to race, color, rellglon, sex, or national origin,

3. The Consultant shall send to each labor union or representative of workers with whlch lie/she has a collectlve bargalnlng agreement or other con(ract or understanding, a notice to be provided advlslng the sald labor unlori or workers' representailves of the Consultant's commltments under this seotlon, and shall post ooplea of the notice in conspicuous places available to employees and appllcants for employment,
4, The Consultant shall comply with all provlslons of Executive Order 11248 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulatlons, and orders of tlie 8ecretary of Labor, or pursuant thereto, and wlll permlt access to his/her books, records, and accounts by the administering agei'icy and the Secretaiy of Labor for purposes of Investlgatlon, to ascertain compliance with such rules, regulatlons, and orders.
6, In the event of the Consultant's non-compliance with the nondlscrlmlnatlon clauses of thls contract or with any of the sald rules, regulations, or orders, the contract may be canceled, terminated, or suspended In whole or In part and the Consultant may be declared Ineliglble forfurlher Government contracts or federally assisted aonstructlon contracts In accordance with procedures authoilzed tn Executlon Order 11246 or September 24, 1965, and such other sanctions may be linposed and remedles Invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretaiy of Labor, or as o(herwlse provlded by law. 7, The Consul(ant shall Inalude the portion of the sente;tce Immediately precedlng paragrapli (1) and the provlslons of paragraphs (1) through (7) In every sutx:ontract or purchase order unless exemptod by rules, regulations, ororders of the Secretary ofLabor Issued pursuant to Sectlon 204 of Executive Order 1124B of September 24, 1965, so that such provlslons will be binding upon eacli sutx,ontract City o{ Sanln Ana RI'P No, 25-027 Pago 90 or41
City Council 20 – 232 4/15/2025

CITY OF SANTA ANA
or purcliase order as tlie admlnlsterlng agency may direct as means of enforcing such provisloi'is, ll:ilvooulvdelldln,saonro11s'ot"hsreroarte'1noendaowml!,'Ilaltnlgaael;Iopnowvlltdlaherecsuolntsoufls'aunc(hbdelr@ b'l the)admlnlsteiingagel1C9, the Consultantmay requestthatthe UnltedStatosenter intosuch lltigatlon to protect the Interests of tl'ie United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter643 Stats.1939, and as amended, no dlscrlmlnation shall be made In llie employment of persons uponpublic woiaksbecause of race,re!Iglouscreed,color,nationalorlgln,ancestry,lii'iysk,alhandk,aps,mentalcondition,marital status, or sex of such persons, except as provided In Secllon '1420, ai'id any consultant or publk, worksvlolatlngthisSectloi'iIssubJoattoallthepenaltlesImposedforavlolatlonoftheChapter.

Signed:

P esj.dent Title:

Plrm: J&G :i:ndustrioa :tnc
Date: !)7484' //, rm.g.>-
-g)pos'K::T':A"'r;UN'0ffB("O:'?4:F:M"l:::::DC"'!':WEPI:r:('f':::jousivE:.

Cityo!80111(1Ana ilFP No.25-027 Pago30or41
City Council 20 – 233 4/15/2025
CrlY OF 8ANTA ANA

ATTACHMENT G

SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Publk, Contract Code section 4100, et seq., It must clearly set foith below the name and location of each subcontractor who will perform work or labor or render service to the bidder In or about the work in ai'i amount in excess of one-half of one percent (0,5%) of bidder's total bid and the kind of work that each will perform. Fur(trermore, bldderacknowledges and agrees that under Public Contract Code section 4100, et seq.,If bldder falls to list as to any portion of work, or if bldder llsls more than one subcontraclor to perform the same porllon of work (l,e, bidder must Indlcate what portion oftlie work each subt,ontractor will perform), bidder must perform that portion itself or be subjeated to penalty under applicable law.

If alternate bids are called for and bldder Intends to use subcontractors different from or in addliion to tliose subcontractors listed for work under the base bid, bidder must list subcontractors that wlll perform work In an amount In excess of one half of one percent (0.5%) of bidder's total bld, Includlng altemates.

In case more than one subcontractor Is named for the same kind or work, tlie Contractor Is to state the portion of work that each subcontractor will perform, Bidders or suppliers of materials only do not need to be listed, If further space Is requlred for the 11stof proposed subcontractors, additlonal s)ieets showing the required li'iformatlon, as indicated below, shall be attached liereto and made a part of this document.

Listed below is the name of eacli sutx:ontractor that will perform work, labor, or render services to the underslgned related to the work ofthls project. Thls Is to Include any subcontractorthat will speclallyfabrk,ate and Install a portlon of work according to detailed drawlngs contained In the plans and specifications in the amount greater than one half of one percent (,05%) of the contractors total bid, Additional sheets may be attached If needed.

Subcontractor Name: -
5M Contracting Inc
Location: 2681 Dow Ave !?C-I
Tustin, CA 92780
Portion of Work/Trade:

Hazardous Materials Abateinent
Bid Amount
021,000.00
(,o54r5Bt,5ir's LlcenseNumber 'it!'b'o8'g5'5!'IgnNoa
Subcontractor Name:

Van Diest Byos Inc
10(,B(l@4; 15315 S Lakewood Blvd
Paramount, CA 90723
Portion of Work/T rade:

Utilities
Bid Amount:
,9750.00
(,oWr,qgtgr's Lk,enseNo: D,lRpe51s872on No:

Contractor will not be subcontracting any portion of woi$;. pFtoF'osT/k'::3'T't'UnSoTl'cEo'NOT'a:':'71::F''::Io:'::DCO'N'sHioT:fiE='%:oPf?FeSE:A:ioxsiv=, ally of 8anla Ana RFP No. 25-027 Pa(le40or41
City Council 20 – 234 4/15/2025
CITY OF 8ANTA ANA
An ACI-IMENT G

SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., It mist clearly set forth below the name and location of sach subcontractor who will perform work or labor or render service to the bidder In or about the work in an amount in excess of one-half of one percent (0,5%) of bidder's total bid and the kind or work that each will perforn'i. Furthermore, bidder acknowledges and agrees that uimer Public Contract Code section 4100, et seq., if bldder falls to list as to any portion of work, or If bldder lists more llian one subcontractor to perform the same portion ofwork (l.e, bidder must indk,ate what porlion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law, If alternate bids are called for and bidder intends to use subcontractoys different from or in addition to those subcontractors listed for work under the base bld, bidder must list subcontractors that will peform work li'i an amount In excess of one half of one percent (0.5%) of bidder's total bld, Includlng alternates.

In case more than one subcontraator Is named for the same kind of work, the Contractor is to state the portion of work that each sulx,ontractor will perform. Bidders or suppliers of ma(erlals only do not need to be listed. If further space Is required for t)ie list of proposed sutx:onlractors, addffional sheets showlng the required Information, as Indk,ated below, sliall be attached hereto and made a part or this document.

Llsted below Is the name of each subcontractor that will perform work, labor, or render servlces to the undersigned relatedto thework ofthls proJet,t.Thls Is toInclude any subcontractortliatwlll spealallyfabrlcate and Install a portion of work according to detailed drawings contained in !he plans and specifications In the amount greater than one half of one percent (,05%) oflhe contrac(ors total bid. Additlonal sheets may be attached if needed.

Subcontractor Name:

BMP Solutions
Location: 1731 Massachusetts Ave
Riverside, CA 92507
Portion of Work/Trade:

Eng/SWPPP
Bid Amount
!?2,200.00
%rJr,%or's LlcenseNumber o\Uma!!%"'oSubcontractor Name: Location:

Portion ofWork/T rade: Bid Amount:

Contractor's Llcense No: DIR Registratlon No:

Contractor will not be subcontracting any portion of work, TH18 FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPO8AL.

PROPOSAL8 THAT DO NOT CONTAIN TH18 FORM WILL BE CON81DE:RED NONRESPONSIVE.

Clly of Sanla Ana RFP No. 2!i-027 Page40of41
City Council 20 – 235 4/15/2025
1,Ron McDanlel of5M Contractinglnc liave read Request for Proposal NO. 25-027 FOR CITVWIDE ONCALL DEMOLITION SERVICESFORABATEMENT for the CITVOF SANTAANA (lnclud)ng all addendums) and do lierby affirm and are In agreement to abide by the teri'ns and condltlons of the awarded contract to J&G INDUSTRIESINC by the CITYof SANTA ANA,
Name:

SlBn;
Ron McDaniel
Company: 5M Contracting
Title: Pres)dent
Date: 03/10/2025
City Council 20 – 236 4/15/2025
Heka
m%ffll/fflM.,l,'J'fiRlRV"-
1,cary S/ariDleskofVan DleitBros Inc liaie reed Requastfor Propogl N0, 2S-017FORCFT'/WIDEONCAlL [lEMOLmON 5fRVICESFOR/Sll/STliMENTfar the Clff OFSill-17ut?M{IllCkltlJ al}addandumg:i UI1CI do herbyafftrm ontlarslnagreamonl to nbldaby the terms and mndJtloiisof the nwardadmntract to j&G INDLfSTRIESINCbythaC€rYofSAHTAANA,
Niimri; (iqnVan f)leik
€ mripnvi 'Mlr1me5t.BrosInc
Illl(!; Pn'siclcttl
(11/](1/2.02.5
City Council 20 – 237 4/15/2025
Hl €eh j%
ufllJW)(/!ffWlJ5'S"-
@,'I'OQ Dact(arOfIlrt,')P501(ltfDllS11ilV(!t'4]a(IIt't!ql=l(!StrOr!r('lj')0591 ('l(j, 2S-QJ17 FORClalV'JVIDl: Or'A<ALt., r)EMOLl'lt'DN5CrlVlCESFORAB/sT(iMENTfoiilia (:l'iYOFSANM /i?J7s[lri(:kidtnl, oll ad(fen<liii:i'ii:l411ttJ(Ja lierby afririn l'lll(I iiro in aBmelllelll to obiria by 4hBlrilHl!i und can<7111oiisoftlia aivarderl a)l>trOi:tto J&G Ir'JDUSTmliSINCb'})latel:l'TY(ifSfif81AilN>1.
f4 TonyDer.har
:SI!,11:

T 9
Coilipnnv: . BMI)S@111UOi>s
TltJ
VP
3-10-2015
.L!jlla; - -
City Council 20 – 238 4/15/2025
CITY OF SAfSlTA AHA

ATTACHMENT H

CAREI FLEET COMPLIANCE CERTIFICATION
Oldder hereby acki'iowledgos iliat tliey have revlewed Ilie California Alr Resources Board's pollales, rtiles and regulations and are familiar wllli lhe requirements of Tllle 13, Calffornla Code or Regulations, Division 3, Cl'iapter 9, effectiveonJanuary1, 2024 (the"Regulation").Bldderhereby cerllfies, subJeclto penaltyfor podury,lliat theoption al'iecked below rela(lnq lo tl'ie Bidder's fleet, and/or tha( of their subcontraaror(s) ("Fleet") Is true and conecl:

M The FloetIs subJe:,lto the requirementsof ihe Regulation,and llie approprla(eCerllflcate(s)or Reported Compliance liave been allached horoto,
'I TheFleetlsoxemptfromlhaRegulatlonundersecllon2449.1(f%2),aridaslgneddescrlpllonoflhesubJect vehlalos, and reasonlng for exemption lias been altaclied liereto, rl Bldder and/or their sulx:anlraclor Is unable lo procure R99 or RIOO renewable diesel fuel as defined In tl'ie Regulation pursuanl to seict)oi'i 2449."l((%3). Oldder sliall keep detailed rer:ortls dascrlblng tlie normal reruellng methods, tlielr allempte to procure renewable dlesel fuel and proof that sliows they were not ablo to procuro renowabla dlesel (l.e. thlrd-party carrespandem,e orvendor blds), i r Tlte Fleet Is exempt from the raqulremenls or the Rezulatlon pursuant to seen 2449(1)(4) beaause this Project has been deemed an Etnergency, as daflned under secllon 2449(c)(18), Bldder shall only operate the exemptod vehk,les lii (he omorgonay sltuallon and records of Ilia exompted vehlales must be malntalnod, pursuant to set,tlon 244G)(1%4).

LI TheFleetdoasnotfallundert)ieRegulallonorareothovlseexemptedai'idade(alledreasonlnglsallached lierelo.

J&G Industries :[ric
J 8 K Ca.i.n
Print Name
lype)
Presi,dent
Title
CARB Entity 1(E103517
DOORS 10
01ly or8anla Ana rlFPNo.25-027 PnOo4l or41
City Council 20 – 239 4/15/2025
Police Department
www.santa-ana.org/pd
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: FY 2024 Edward Byrne Memorial Justice Assistance Grant

AGENDA TITLE
Approve Memorandum of Understanding Accepting the FY 2024 Edward Byrne Memorial Justice Assistance Grant (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff’s Department accepting the 2024 Edward Byrne Memorial Justice Assistance Grant in the amount of $89,555 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions and is administered by the U.S.

Department of Justice, Bureau of Justice Assistance (BJA). Since 2005, BJA has funded over 24,000 JAG awards totaling over $7.6 billion. JAG awards are based on a statutory formula that equally weighs the City's share of violent crime and population according to Bureau of Justice Statistics (BJS) statistics. BJA requires the County to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of all cities.

The Santa Ana Police Department (SAPD) has consistently been awarded an average of $100,000 in JAG funding annually for many years. The department has utilized these funds primarily for increased crime suppression efforts in targeted areas, which has helped address public safety and quality of life issues for residents. In recent years, the department also used the funds to achieve full compliance with the Federal Bureau of Investigation’s new National Incident-Based Reporting System (NIBRS) for crime data collection as it sunset the prior Uniform Crime Reporting (UCR) program. The SAPD also began using JAG funds for youth community engagement to purchase supplies to expand and enhance the Santa Ana Police Athletic & Activity League (SAPAAL) program.

City Council 21 – 1 4/15/2025
FY 2024 Edward Byrne Memorial Justice Assistance Grant
April 15, 2025

Page 2 ends

The Santa Ana Police Department recently applied for and has been awarded a grant in the amount of $89,555 for the FY 2024 JAG program. The County accepted the 2024 JAG award on December 17, 2024, covering the performance period of October 1, 2023 through September 30, 2027. SAPD will use JAG funding to continue two projects in support of the Department’s commitment to the Community Oriented Policing philosophy to address public safety issues:

1. The first project will focus on targeted crime suppression activities. This project aims to improve and enhance the community's safety by using outreach and proactive enforcement efforts to address violent crime and quality of life issues in specific targeted areas throughout the City on an overtime basis.

2. The second project will emphasize building community engagement through youth programming. This project is more recent and it will provide funds for the Santa Ana Police Athletic & Activity League (SAPAAL) program, providing additional resources for activities that enhance the bond between kids and cops. These activities may include softball and baseball teams, additional tutoring services, art, music, cooking, etc.

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

FISCAL IMPACT
There is no fiscal impact for FY 24-25. The grant award will be included in next fiscal year’s budget revenue account (no. 12814002-52001) and expenditure accounts for City Council’s approval and adoption of the FY 25-26 annual budget as follows:

Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 25-26 12814409-
various
Law Enforcement
Grants
Byrne Justice
Assistance, Various $ 89,555
Total $ 89,555
Any remaining balances not expended at the end of FY 25-26 will be presented to the City Council for approval of carryovers to the subsequent fiscal year.

EXHIBIT(S)

1. Memorandum of Understanding with County of Orange, Sheriff's Department Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 21 – 2 4/15/2025

MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF SANTA ANA TO DISTRIBUTE THE 2024 EDWARD BYRNE MEMORIAL FUND - JUSTICE ASSISTANCE GRANT 'JJAG" Program
AWARD # 15PBJA-24-GG-05342-JAGX AWARD DATE: 12/04/24
Part/c/pants
ACCEPTANCEDATE: 12/17/24
Participants hereto acknowledge the County of Orang@ as lead fiscal agent in charge of programmatic oversight and administration of funds and compllance over all eligible participant Jaw enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties," if.

The purpose of this Memorandum of Understanding (MOU) is to support the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award. iii. Program Overvlew and Description ofPmiect(s}
The Edward Byrne Memorial Justfce Assfstance Grant (JAG) Program a(lows states and loca( government units, including tribes, to support various criminal justice-related activities based on their state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc., will reduce crime and enhance public/officer safety.

The JAG Program provides states, territories, tribes, and local governments with critical funding necessary to s'upport a range of program areas, including technical assistance, training, personnel, equipment, supplies, contractualsupport, and information SYSTEMSfar criminal juStiCe, including far any One Or more of the following purpose areas:

1. Law enforcement programs.

2. Prosecution and court programs.

3. Prevention and education programs.
4 , Corrections and community corrections programs.

5. Drugtreatmentandenforcementprograms.

6. Planning, evaluation, and technology improvement programs. 7, Crime victim and witness programs (other than compensation).

8. Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams,

9. Implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to mental health courts, drug courts, veterans courts, and extreme risk protection order programs. 11Page
Exhibit 1
City Council 21 – 3 4/15/2025
MEMORANDUM OF UNDERST ANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF} AND THE CITY OF SANTA ANA TO DISTRIBUTE THE 2024 EDWARD BYRNE MEMORIAL FUND - JUSTICE ASSISTANCE GRANT "JAG" Program
AWARD #15PBJA-24-GG-05342-JAGX AWARD DATE:12/04/24 ACCEPTANCEDATE: 12/17/24 The County of Orange (Sheriff) will determine the validity of each project included in the application and subsequent awards. JAG funding will support criminal justice initiatives under one or more allowable program areas above.

This award is subject to all terms and conditions of the grant and administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash on hand. Should you not adhere to these requirements, you will violate the terms of this agreement, and the award will be subject to termination for cause or other administrative action as appropriate.

THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE GRANT AWARD AND THAT FUNDS WILL BE RECEIVED PURSU ANT TO THE TERMS OF THIS MOU.

COUNTY OF ORANGE
ORANGE COUNTY SHERIFF DON BARNES on behalf of

INTERIM COUNTY EXECUTIVE OFFICER, MICHELLE AGUIRRE
aA!t>, 112Xk
AUTHORlT'aATORY "

ORANGE COUNTY SHERIFF'S DEPARTMENT

FINANCIAL/ADMINISTRATIVE SERVICESDMSION

FINANCIAL DIRECTOR
qi[sr;y ptlzs

AUTHORIZED SIGNATORY

SANTA ANA CITY

SANTA ANA POLICE DEPARTMENT

CHIEF OF POLICE, ROBERT RODRIGUEZ

APPROVED AS TO FORM

AUTHORIZED SIG TO
Office of Orange County Counsel
2IPage
City Council 21 – 4 4/15/2025
IN WI'lNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk

ALV ARO NUNEZ
City Manager
City Council 21 – 5 4/15/2025
Recipient Agency
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BUENA PARK CITY
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Government Type
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I
Direct Allocation
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L._.... .._iii ________112,5____33_
.$ ,, ,,,,,,,,,,,_______ 14,056
Orange County Admin
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$, __ ________29,10i_
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Edward Byrne Memorial Justice Assistance Grant Program FY 2024 Local Solicitation CFDA# 16.738 City Council 21 – 6 4/15/2025
Public Works Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Construction Project Management Software System

AGENDA TITLE
License Agreement Amendment with ProCore Technologies, Inc. for Construction Project Management Software (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to license agreement with ProCore Technologies, Inc., increasing the compensation by $55,000, including a $12,928 contingency, for a total amount not to exceed $305,000 for the entire length of the agreement, and extend the agreement term until September 16, 2025 (Agreement No. A-2025-XXX).

GOVERNMENT CODE APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA) is responsible for managing the design and construction of all Capital Improvement Program (CIP) projects to meet the City’s infrastructure needs. The City’s infrastructure needs include the acquisition of land and major renovations of city infrastructure such as roads, buildings, and parks. In the current fiscal year, there are approximately 45 active projects related to streets, traffic, utility, drainage, lighting, and city and park facilities, all of which total $36 million in expenditures. Streamlined coordination and communication of all project phases across multiple departments and divisions is critical to the efficient use of the City’s resources.

On September 1, 2020, City Council approved an agreement to ProCore Technologies Project Management Pro software (Procore) for a one-year period, in an amount of $50,000, with the option to renew for up to four additional years for a total amount not to exceed $250,000, in order to effectively streamline project documentation, digitally log inspections, and document communications between engineers, inspectors, and contractors. This license agreement is in its final renewal option and scheduled to end August 31, 2025. Due to an increase in CIP projects, the annual estimated amount for the current and final extension is estimated at $92,072, creating a need to increase contract capacity for the remainder of the contract term by adding $55,000, including a contingency of $12,928 for a new total amount not to exceed of $305,000 and extend the termination date to September 16, 2025 (Exhibit 1).

City Council 22 – 1 4/15/2025
Construction Project Management Software System
April 15, 2025

Page 2 ends

Procore is a widely used program that provides instant data transmission across PC and mobile applications, allowing for real-time delivery of accurate project information.

The cloud-based platform has intuitive tools to assign tasks, respond to comments and questions, produce and access reports, and manage budgets and costs. Additionally, Procore has the ability to integrate with other platforms currently used by the City, eliminating the need to purchase any additional software in order to successfully implement its usage.

Approval of the recommended action will allow staff to continue the centralization of critical project files for timely project delivery. This software subscription is exempt from bidding under Santa Ana Municipal Code 2-807(a), which so exempts purchases over $25,000 of “materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act.” Here, the application is very industry-specific and unique to this vendor. It is not commercially available through distributors as other major software programs are, making this vendor a sole source. As such, prior to expiration of the contract term, staff will negotiate new contract terms and present to Council for consideration.

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

FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2024-25 budget and subsequent fiscal years will be included in the proposed budgets for City Council consideration. The funds will be budgeted and available for this item in the accounts below.

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account
Description
Total
Amendment
2024-25
(April-June)
10117601-
62300
Public Works –
Administration
& Planning
Public Works – Admin
Services – Contract
Services Professional
$30,000
2025-26
(JulySeptember)
10117601-
62300
Public Works –
Administration
& Planning
Public Works – Admin
Services – Contract
Services Professional
$25,000
Amendment Total $55,000
Original Contract Amount $250,000
Total $305,000
City Council 22 – 2 4/15/2025
Construction Project Management Software System
April 15, 2025

Page 3 ends

EXHIBIT(S)

1. Procore Technologies, Inc. Order Form
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 22 – 3 4/15/2025

FIRST AMENDMENT TO LICENSE AGREEMENT WITH
PROCORE TECHNOLOGIES, INC. TO PROVIDE SOFTWARE FOR

CONSTRUCTION PROJECT MANAGEMENT
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on April 15, 2025, by and between Procore Technologies, Inc., a Delaware corporation (“Procore”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“Customer or City”).

RECITALS
A. The Parties entered into Agreement No. A-2020-175 (“Agreement”) dated September 1, 2020, to provide a license agreement to access software to provide construction project management software for the City’s Public Works Agency.

B. The initial term of the Agreement ran through August 31, 2021 and, per Council Approval, allowed for up to four (4) extensions of the Agreement, which the Parties exercised based on an annual expenditure of $50,000. The current term of the Agreement runs through August 31, 2025. The Agreement is current and in-effect.

C. The Parties now wish to amend the Agreement to update and increase services for the final renewal year, extend the term, and increase the overall compensation. No other changes are contemplated by this Amendment.

The Parties therefore agree:

1. The Agreement is hereby amended as follows:
a. Quote #91975, attached hereto as Exhibit A-1 to this First Amendment, shall be fully incorporated into the Agreement.
b. Term, as detailed in the Order Form to the Agreement, is hereby extended through September 16, 2025.
c. Compensation is hereby increased for the final renewal period by an additional $55,000. The total amount for this final renewal period shall not exceed $105,000.

This amount includes the base amount of $92,071.38, detailed in Exhibit A-1, and a contingency amount of $12,928.62. The total amount to be expended for the entire term of this Agreement shall not exceed $305,000.
d. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on following page]
Docusign Envelope ID: 8559EEEB-5EF5-413F-9877-85A170AEB777 In Process
EXHIBIT 1
City Council 22 – 4 4/15/2025
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM PROCORE
SONIA R. CARVALHO
City Attorney
By: ____________________________
Kyle Nellesen By:

Assistant City Attorney Title:

Docusign Envelope ID: 8559EEEB-5EF5-413F-9877-85A170AEB777 Bill Fleming
SVP, Corporate Controller
In Process

RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.04.07 08:28:35
-07'00'
City Council 22 – 5 4/15/2025
PROPOSED BY:

Kara Filipp
[email protected]
6309 Carpinteria Avenue
Carpinteria, CA 93013
(866) 477-6267
DD_SF_CPQ_Order_Form_V1.3.3
Order Form
Customer Name City of Santa Ana
Quote Number Q-91975
Generated By Kara Filipp
BILL TO:

Leif Lovegren
[email protected]
714-647-3327
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701, United States Subscription Info Subscription Type Renewal
Start Date September 17, 2024
End Date September 16, 2025
Full Subscription Term 12
Billing Frequency Quarterly
Payment Terms Net 30
Auto Renewal No
PO #
Tax Exempt No
VAT ID
Currency USD
Offer Valid Through February 21, 2024
SHIP TO:

Leif Lovegren
[email protected]
714-647-3327
City of Santa Ana
20 CIVIC CENTER PLZ, SANTA ANA, CA 92701-4058, United States Docusign Envelope ID: 81C9AD5F-9547-4FC6-BC74-0635C84C3928 Docusign Envelope ID: 8559EEEB-5EF5-413F-9877-85A170AEB777 In Process
City Council 22 – 6 4/15/2025
Year 1 Subscription
Product Name Unit of Measure Qty Subscription Term Annual Fees Project Management Pro
Tools: Correspondence, Daily Log, Drawings, Emails,
Meetings, Photos, Punch List, RFI, Schedule, Specifications, Submittals, Timecard, Transmittals
ACV(MM) 80 September 17, 2024 - September 16, 2025 $66,451.34 Quality & Safety
Tools: Action Plans, Daily Log, Forms, Incidents, Inspections, Observations, Photos, Schedule
ACV(MM) 80 September 17, 2024 - September 16, 2025 $25,620.04 Subtotal $92,071.38
Total Fees
Subscription Fees: $92,071.38
Total Fees: $92,071.38

TERMS AND CONDITIONS
The prices shown above have been rounded to two decimal places for display purposes. Prices quoted do not include taxes. One-time promotional pricing, when applicable on the Order, will expire at the end of the Subscription Term.

The following are the Usage Metrics for the Services in accordance with the Unit of Measure listed in the Product Table above. If Customer’s usage exceeds the quantity listed within the Product Table above, then Customer will be subject to additional Fees:

Annual Construction Volume (“ACV”) means the aggregate dollar value of the construction work performed or put in place for all distinct projects for which Customer utilizes the Subscription Services identified with Customer’s Procore account(s) during each 12-month period identified on this Order.

Workforce Planning: Customer's use of Workforce Planning is limited by the number of Full-Time Equivalents (FTE), which is the average number of Active Customer Employees during an annual Subscription Term. An Active Customer Employee is defined as an active resource in the People list, if applicable.

Field Productivity: Customer's use of the Timesheets Tool is limited by the number of Full Time Equivalents ('FTE') calculated as the average number of Active Customer Employees during an annual Subscription Term. An Active Customer Employee is defined as a person with time logged in the tool, if applicable.

In addition to the tools listed above, all Procore clients have access to the following core tools: directory, documents, reports, and task, except for those clients who have purchased only Capital Planning and/or Portfolio Financials.

This Order is governed by the terms of the Procore Subscription and Services Agreement (the “SSA”) and Data Processing Addendum (the “DPA”). To the extent this Order includes products governed by any service-specific terms found at https://procore.com/legal/pay-solution-terms (the “Service-Specific Terms”), such Service-Specific Terms also apply. This Order, the SSA, and the DPA constitute the entire agreement between Procore and Customer, superseding any other terms including, but not limited to, the terms of any Customer purchase order and any prior agreements between the Parties regarding Customer’s purchase of services from Procore.

Docusign Envelope ID: 81C9AD5F-9547-4FC6-BC74-0635C84C3928 Docusign Envelope ID: 8559EEEB-5EF5-413F-9877-85A170AEB777 In Process
City Council 22 – 7 4/15/2025
Each Party represents that it has the authority to enter into this Order.

To view details of services purchased, please visit this page.

City of Santa Ana (“Customer”)
Signature: [4e1kt1j_____________________]
Name: [su57xdd_____________________]
Title: [3x28yre_____________________]
Date: [hnweq3i_________]
[rtxz7ln]
I accept the terms and conditions of the SSA found at
https://www.procore.com/legal/subscription-services-agreement [ed71c0o]
I accept the terms and conditions of the DPA found at
https://www.procore.com/legal/dpa
Procore Technologies, Inc. (“Procore”)
Signature: [3uzrgor_____________________]
Name: [jb3sd03_____________________]
Title: [dgnvmik_____________________]
Date: [awlrb2e_________]
Docusign Envelope ID: 81C9AD5F-9547-4FC6-BC74-0635C84C3928 Leif Lovegren
09/17/24
Public Works Projects Manager
09/17/24
VP, Deal Desk
Darin Solinsky
Docusign Envelope ID: 8559EEEB-5EF5-413F-9877-85A170AEB777 In Process
City Council 22 – 8 4/15/2025
Community Development Agency
www.santa-ana.org/community-development
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Resolution of Intention to Renew the Santa Ana Tourism Marketing District

AGENDA TITLE
Resolution of Intention to Renew the Santa Ana Tourism Marketing District

RECOMMENDED ACTION

1. Adopt a Resolution of Intention to renew the Santa Ana Tourism Marketing District (SATMD) and the levy of assessments on lodging businesses.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT (“SATMD”) AND FIXING THE

TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON

AND GIVING NOTICE THEREOF

2. Establish a time and place for a public meeting to be held by the City Council on June 3, 2025 to hear and consider all protests.

3. Establish a time and place for a Public Hearing to be held by the City Council on July 1, 2025 regarding the proposed renewal of the Santa Ana Tourism Marketing District.

4. Receive and File 2024 Travel Santa Ana Annual Report.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On November 17, 2020, the City Council adopted a resolution to establish the Santa Ana Tourism Marketing District (SATMD) for a five (5) year term. Travel Santa Ana (TSA) and Santa Ana lodging businesses now wish to renew the SATMD for an additional ten (10) year term.

The Santa Ana Tourism Marketing District (SATMD) is a participant-driven benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for Santa Ana lodging businesses. The City’s role in the Santa Ana Tourism Marketing District is limited to acting as a fiscal agent. It facilitates the collection and distribution of funds but does not influence how those funds are used. All City Council 23 – 1 4/15/2025
Resolution of Intention to Re-establish SATMD
April 15, 2025

Page 2 ends

decisions regarding spending priorities and marketing activities are made by the Travel Santa Ana Board of Directors. Additionally, the City does not contribute or allocate any public funding to support the district, which is entirely self-imposed and funded by the participating hotels themselves. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The established SATMD includes all lodging businesses with seventy (70) rooms or more located within the boundaries of the City of Santa Ana. There are 17 of those lodging businesses in the SATMD.

The City has received signed petitions from 12 of the 17 lodging businesses which represent 74% of the total Hotel Visitor Tax assessment indicating that they wish to initiate proceedings to renew the Santa Ana Tourism Marketing District for an additional 10-year term (Exhibit 3). The Property and Business Improvement District Law of 1994 requires more than 50% of assessed hotels to sign a petition in support to renew the Tourism Marketing District.

Lodging business owners decided to pursue renewal of the SATMD in order to continue with a dedicated revenue source devoted to marketing Santa Ana as a tourist, meeting, and event destination. These funds have been managed by the Travel Santa Ana (TSA) Board of Directors, a non-profit tourism and marketing destination organization that was created.

FIVE-YEAR TRAVEL SANTA ANA ACCOMPLISHMENTS
Established with the formation of the Santa Ana Tourism Marketing District in 2020, Travel Santa Ana has positioned itself as the city's official destination marketing organization, effectively shaping a distinct brand identity and enhancing Santa Ana’s visibility as a dynamic visitor destination. Through strategic leadership, data-driven decision-making, and targeted marketing initiatives, Travel Santa Ana has strengthened tourism's economic impact while fostering robust community engagement.

Since its inception, the SATMD has collected more than $5.6 million in assessment fees. Travel Santa Ana's initiatives have generated over 100 leads for hotel bookings, projecting potential revenues exceeding $9.3 million in the last year. Further details and achievements of Travel Santa Ana can be found in the 2024 Travel Santa Ana Annual Report (Exhibit 4). To establish a cohesive and authentic brand identity, Travel Santa Ana implemented an innovative branding strategy, replacing a traditional logo with signature designs created in collaboration with five local artists. This community-driven approach reflects Santa Ana’s cultural and artistic vibrancy. The organization also developed two comprehensive three-year strategic plans, outlining a framework for sustained destination marketing efforts. A critical component of this strategy was the launch of www.travelsantaana.com, serving as the primary digital platform for promoting Santa Ana’s attractions, businesses, and events.

Travel Santa Ana has also focused on enhancing visitor engagement through curated content and outreach initiatives. The publication of an annual Visitors Guide and a City Council 23 – 2 4/15/2025
Resolution of Intention to Re-establish SATMD
April 15, 2025

Page 3 ends

Public Art Guide, highlighting over 200 murals citywide, has provided valuable resources for tourists and residents alike. The "Santa Ana Enthusiast" ambassador program further strengthened community involvement by engaging local stakeholders in promoting the city's unique experiences.

Strategic sales and marketing efforts have targeted key market segments, driving tourism-related economic activity. A comprehensive digital marketing strategy, incorporating official social media channels and a professionally produced destination video, has amplified Santa Ana’s presence across multiple platforms. Notable collaborations, such as partnerships with the Orange County Restaurant Association for OC Restaurant Week and the "Proud Santanero" campaign series, have spotlighted local businesses and cultural assets.

Recognizing the importance of data in decision-making, Travel Santa Ana commissioned the city's first tourism economic impact study, providing critical insights into visitor trends and spending patterns. International outreach has been a key priority, with initiatives such as a culinary passport program showcasing Santa Ana’s diverse dining scene and a pioneering cannabis tourism program designed to attract niche travel markets. These efforts have positioned Santa Ana as a compelling destination for both domestic and international visitors, particularly from Mexico and Canada.

Further expanding its global reach, Travel Santa Ana has developed an international marketing plan and secured a partnership with acclaimed travel journalist Peter Greenberg for a segment on Santa Ana’s “Hidden Gems,” set to air on PBS and Apple TV. These initiatives collectively contribute to Santa Ana’s long-term tourism growth, reinforcing the city's status as a premier destination within the region.

It was reported that in January 2025, the hotel occupancy for the SATMD was up 11.9% from January 2024. In addition, the Average Daily Rate for hotels were up 1.6% which resulted in a 13.7% increase in hotel revenue.

TOURISM MARKETING DISTRICT BACKGROUND
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD. The City serves solely as the fiscal agent, responsible for collecting and disbursing the assessment funds to Travel Santa Ana. This program is entirely funded by participating hotels, with no expenditure of public funds.

TMD benefits:
• Funds cannot be diverted for other City government programs • They are customized to fit the needs of each destination City Council 23 – 3 4/15/2025
Resolution of Intention to Re-establish SATMD
April 15, 2025

Page 4 ends

• They allow for a wide range of services, including: destination marketing, tourism promotion, and sales lead generation
• They are designed, created, and governed by those who will pay the assessment • They provide a stable funding source for tourism promotion In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Exhibit 2) includes the proposed boundary of the SATMD, a service plan and budget, and a proposed means of governance. The SATMD will include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana.

The renewed SATMD will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the SATMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed business owners support continuing the SATMD programs. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%). Once per year beginning on the anniversary of SATMD establishment, there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the SATMD.

The City of Santa Ana has been and will continue to be responsible for collecting the assessment on a monthly basis (including any delinquencies, overdue charges, and interest) from each assessed lodging business located in the boundaries of the SATMD.

The City then disburses the assessment amounts, minus the two percent (2%) administrative fee to Travel Santa Ana. Since inception of the first SATMD, the City has collected $114,114 in administration fees.

Each year, Travel Santa Ana presents an annual report to City Council identifying the activities of the Tourism Marketing District. The 2024 Travel Santa Ana Annual Report has been attached as a Receive and File.

City Council 23 – 4 4/15/2025
Resolution of Intention to Re-establish SATMD
April 15, 2025

Page 5 ends

SATMD RENEWAL SCHEDULE
April 15, 2025 RESOLUTION OF INTENTION HEARING
Upon the submission of a written petition, signed by the business owners in the established district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district.

Petition Status: Petitions in favor of SATMD renewal were submitted by 12 lodging businesses, which represent 74% of the total SATMD assessment. This majority petition allows the Council to initiate proceedings for SATMD renewal at the June 3, 2025 meeting.

April 18, 2025 NOTICE
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the SATMD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest SATMD renewal.

June 3, 2025 PUBLIC MEETING
Allow public testimony on the renewal of the SATMD and levy of assessments. No Council action required.

July 1, 2025 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the established SATMD which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

At the conclusion of the public hearing to renew the SATMD, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

Proposed assessments may only be revised by reducing any or all of them.

If the Council, following the public hearing, decides to renew the SATMD, the Council shall adopt a resolution of formation.

City Council 23 – 5 4/15/2025
Resolution of Intention to Re-establish SATMD
April 15, 2025

Page 6 ends

FISCAL IMPACT
The City will receive a fee of two percent (2%) of the amount collected to cover its costs of administration. Funds are received from Community Development Agency (CDA) Trust & Agency – Travel Santa Ana account 09601001-24054 and deposited in Finance Management Services Agency (FMSA) account 01110002-57000 Expense Reimbursement.

EXHIBIT

1. Resolution of Intention to Renew the SATMD

2. Santa Ana Tourism Management District Plan

3. Signed Hotel Petitions

4. 2024 Travel Santa Ana Annual Report
Submitted By: Michael L. Garcia, Executive Director of Community Development Agency
Approved By: Alvaro Nuñez, City Manager
City Council 23 – 6 4/15/2025
Resolution No. 2020-XXX

Page 1 of 5 ends

RESOLUTION NO. 2025- XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA DECLARING ITS INTENTION TO RENEW THE
SANTA ANA TOURSIM MARKETING DISTRICT (“SATMD”)

AND FIXING THE TIME AND PLACE OF A PUBLIC

MEETING AND A PUBLIC HEARING THEREON AND

GIVING NOTICE THEREOF
WHEREAS, the City of Santa Ana (City) created the Santa Ana Tourism Marketing District (SATMD) on November 17, 2020 by Resolution No. 2020-191; and WHEREAS, the SATMD was created for a five (5) year term which ends on December 31, 2025; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Travel Santa Ana (TSA), lodging business owners, and representatives from the City have met to consider the renewal of the SATMD; and WHEREAS, TSA has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the SATMD, a service plan and budget, and a proposed means of governance; and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the SATMD have petitioned the City Council to renew the SATMD.

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

Section 1. The recitals set forth herein are true and correct.

Section 2. The City Council finds that assessed businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the SATMD. The City Council accepts the petitions and adopts this Resolution of intention to renew the SATMD and to levy an assessment on certain lodging businesses within the SATMD boundaries in accordance with the Property and Business Improvement District Law of 1994.

Section 3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622.

City Council 23 – 7 4/15/2025
Resolution No. 2025-XXX

Page 2 of 5 ends

Section 4. The City Council declares its intention to renew the SATMD and to levy and collect assessments on lodging businesses within the SATMD boundaries pursuant to the Property and Business Improvement District Law of 1994.

Section 5. The SATMD shall include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City, as shown in the map attached hereto as Exhibit A and incorporated herein by reference.

Section 6. The name of the district shall continue to be the Santa Ana Tourism Marketing District (“SATMD”).

Section 7. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%).

Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein provided; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any federal or state officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office. This exemption does not exempt a transient who is employed by the United States government or the state or their respective instrumentalities from payment of the assessment when the payment is later to be reimbursed by the United States government or the state or their respective instrumentalities.

Section 8. The assessments levied for the SATMD shall be applied toward Sales and Marketing promotions programs to market assessed lodging businesses in Santa Ana as tourist, meeting, and event destinations, as described in the Plan. The assessments levied for the SATMD shall also be applied to Administration, Contingency/Reserve, City administration services, as these are necessary to provide the Sales and Marketing Programs. Funds remaining at the end of any year may be used in subsequent years in which SATMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.

City Council 23 – 8 4/15/2025
Resolution No. 2020-XXX

Page 3 of 5 ends

Section 9. The renewed SATMD will have a ten (10) year term, beginning January 1, 2026 or as soon as possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code §36660.

Section 10. TSA shall not issue debt of any kind, including bonds; and shall only fund expenses with recurring assessment revenue collected or the reserve balance.

Section 11. The time and place for the public meeting to hear testimony on renewing the SATMD and levying assessments is set for June 3, 2025, at 5:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.

Section 12. The time and place for the public hearing to renew the SATMD and the levy of assessments is set for July 1, 2025, at 5:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is directed to provide written notice to the assessed businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623, no later than May 16, 2025.

Section 13. At the public meeting and the public hearing, the testimony of all interested persons for or against the renewal of the SATMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the assessed businesses within the renewed SATMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire SATMD, no further proceedings to renew the SATMD shall occur for a period of one (1) year.

Section 14. The complete Plan is on file with the City Clerk and may be reviewed upon request.

Section 15. This Resolution shall take effect immediately upon its adoption by the City Council.

City Council 23 – 9 4/15/2025
Resolution No. 2025-XXX

Page 4 of 5 ends

ADOPTED this ______ day of ______________, 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Andrea Garcia-Miller
Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 23 – 10 4/15/2025
Resolution No. 2020-XXX

Page 5 of 5 ends

EXHIBIT A

SATMD BOUNDARIES
City Council 23 – 11 4/15/2025
SATMD Management District Plan 1
February 27, 2025
2026-2035

SANTA ANA TOURISM MARKETING DISTRICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

February 27, 2025
EXHIBIT 2
City Council 23 – 12 4/15/2025
SATMD Management District Plan 2
February 27, 2025

CONTENTS
I. OVERVIEW ......................................................................................................................3 II. BACKGROUND................................................................................................................5 III. ACCOMPLISHMENTS................................................................................................6 IV. BOUNDARY .................................................................................................................7 V. ASSESSMENT BUDGET AND SERVICES ...................................................................8 A. ANNUAL SERVICE PLAN ......................................................................................................................8 B. ANNUAL BUDGET...............................................................................................................................10 C. CALIFORNIA CONSTITUTIONAL COMPLIANCE...............................................................................10 D. ASSESSMENT........................................................................................................................................12 E. INTEREST AND OVERDUE CHARGES ...............................................................................................13 F. TIME AND MANNER FOR COLLECTING ASSESSMENTS .................................................................14 VI. GOVERNANCE..........................................................................................................15 A. OWNERS’ ASSOCIATION ....................................................................................................................15 B. BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE .......................................15 C. ANNUAL REPORT................................................................................................................................15 APPENDIX 1 – LAW ..............................................................................................................16 APPENDIX 2 – ASSESSED BUSINESSES ...........................................................................28 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
EXHIBIT 2
City Council 23 – 13 4/15/2025
SATMD Management District Plan 3
February 27, 2025
I. OVERVIEW
Developed by Santa Ana lodging businesses and Travel Santa Ana (TSA), the Santa Ana Tourism Marketing District (SATMD) is an assessment district proposed to continue to provide specific benefits to payors by funding Sales and Marketing promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The SATMD was initially created in 2021 for a five (5) year term. TSA and Santa Ana lodging businesses now wish to renew the SATMD for an additional ten (10) year term.

Location: The renewed SATMD includes all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City of Santa Ana (City), as shown on the map in Section IV.

Services: The SATMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales and Marketing promotions programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total SATMD annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,600,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased or decreased pursuant to this Management District Plan (Plan).

Cost: The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%).

Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed lodging business EXHIBIT 2
City Council 23 – 14 4/15/2025
SATMD Management District Plan 4
February 27, 2025
located in the boundaries of the SATMD. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The renewed SATMD will have a ten (10) year life, beginning January 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the SATMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed business owners support continuing the SATMD programs.

Management: TSA shall continue to serve as the SATMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council.

EXHIBIT 2
City Council 23 – 15 4/15/2025
SATMD Management District Plan 5
February 27, 2025
II. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.

California’s TMDs collectively
raise over $300 million annually for
local destination marketing. With
competitors raising their budgets,
and increasing rivalry for visitor
dollars, it is important that Santa
Ana lodging businesses continue
to invest in stable, commercespecific marketing programs.

TMDs utilize the efficiencies of
private sector operation in the
market-based promotion of
tourism districts. TMDs allow
tourism business owners to
organize their efforts to increase
commerce. lodging business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.

In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 0 20
40 60
80 100
120
Number of Districts Operating in
California
EXHIBIT 2
City Council 23 – 16 4/15/2025
SATMD Management District Plan 6
February 27, 2025
III. ACCOMPLISHMENTS
During its initial five (5) year term, the SATMD has achieved remarkable success in visitor engagement and economic impact through a comprehensive Sales and Marketing program. Accomplishments for the initial SATMD term include:
• Staff of three including President & CEO, Director of Sales and Content & Community Engagement Manager.
• Developed a brand for the destination, including mission and vision. • Worked with five local artists to create Santa Ana signatures in replacement of a traditional logo.
• Developed three-year strategic plans for 2022-2024 and 2025-2027 to market Santa Ana as a visitor destination, increase visitor revenue and build community support and participation in the SATMD.
• Launched official website, www.travelsantaana.com.
• Published the 2023, 2024, and 2025 Visitors Guides.
• Established a Marketing Advisory Group with the objective of creating synergy among Santa Ana marketers.
• Curated a Public Art Guide featuring more than 200 murals throughout Santa Ana. • Created the Santa Ana Enthusiast Ambassador Program.
• Developed strategic sales efforts identifying key domestic and international market segments. • Developed a digital marketing strategy.
• Launched official social media channels.
• Produced a destination video.
• Partnered with Orange County Restaurant Association to leverage exposure for Santa Ana restaurants during OC Restaurant Week.
• Highlighted local business owners and residents in the “Proud Santanero” campaign series. • Conducted the first-ever tourism economic impact study. • Promoted Santa Ana in print publications for leisure, and meeting trade. • Hosted a dozen media and influencers.
• Developed a cannabis tourism program.
• Developed a Culinary Passport to highlight the destination’s diverse dining. • Developed a Michelada Guide to showcase the popular Mexico beverage. • Developed an international marketing plan to promote Santa Ana to attract visitors from Mexico and Canada.
• Conducted the DNext and Futures Study, an important assessment of how Santa Ana scores as a tourist destination.
• Worked with Peter Greenberg on a production of “Hidden Gems” featuring several locations within Santa Ana to air on PBS and AppleTV.
• Initiated quarterly meetings between City Councilmembers, Santa Ana Police Department, City Manager, economic development, and hoteliers to provide the opportunity for the hoteliers to address issues, concerns and develop relationships with City officials.

EXHIBIT 2
City Council 23 – 17 4/15/2025
SATMD Management District Plan 7
February 27, 2025
IV. BOUNDARY
The SATMD will continue to include all lodging businesses with seventy (70) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana, as shown in the map below.

Lodging business means: Any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

A complete listing of assessed lodging businesses within the renewed SATMD can be found in Appendix 2.

EXHIBIT 2
City Council 23 – 18 4/15/2025
SATMD Management District Plan 8
February 27, 2025
V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the SATMD funds are Sales and Marketing programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the TSA Board.

The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $1,600,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the TSA Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. For example, the City and the TSA Board may fluctuate the SATMD’s budget allocation for the Sales and Marketing category from its current seventy percent (70%) to a maximum budget allocation of eighty-five percent (85%) or down to a minimum budget allocation of fifty-five percent (55%). A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the SATMD, any and all assessment funds may be used for the costs of defending the SATMD.

Each budget category includes all costs related to providing that service. For example, the Sales and Marketing budget includes the cost of staff time dedicated to overseeing and implementing the Sales and Marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to Sales and Marketing,
Administration, $1,120,000.00 , 70%
$320,000.00 , 20%
Contingency /
Reserve,
$128,000.00 , 8%
City Administration
Fee, $32,000.00 ,
2%
Initial Annual Assessment Budget -
$1,600,000
EXHIBIT 2
City Council 23 – 19 4/15/2025
SATMD Management District Plan 9
February 27, 2025
multiple budget categories. The staffing levels necessary to provide the services below will be determined by TSA on an as- needed basis.

Sales and Marketing
A Sales and Marketing program will promote assessed businesses and Santa Ana as tourist, meeting, and event destinations. The Sales and Marketing program will have a central theme of promoting Santa Ana as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote overnight visitation to assessed businesses; • Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses as well as all events, attractions, and reasons to visit (Stay, Shop, Dine, Play);
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses; and
• Development and maintenance of a website designed to promote overnight visitation to the city and promote Santa Ana as a tourism destination highlighting the assessed businesses, as well as all events, attractions, and reasons to visit (Stay, Shop, Dine, Play) to increase overnight visitation at assessed lodging businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

City Administration Fee
The City of Santa Ana shall be paid a fee equal to two percent (2%) of the amount of assessment collected, to cover its costs of collection and administration.

Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the TSA Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the TSA Board. Contingency/reserve funds may be spent on SATMD programs or administrative and renewal costs in such proportions as determined by the TSA Board. The reserve fund may be used for the costs of renewing the SATMD.

EXHIBIT 2
City Council 23 – 20 4/15/2025
SATMD Management District Plan 10
February 27, 2025
B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $1,600,000 annually, or $24,000,000 through the ten (10) year term of the SATMD if the maximum assessment rate increases are adopted. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased or decreased pursuant to this Plan.

Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue.

If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%).

The table below demonstrates the estimated maximum budget with the assumption that the assessment rate will be increased at the earliest opportunity as it is a required disclosure, it is not the anticipated course of action. Alternate courses of action may be taken in regard to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Plan.

Estimated Annual Budget if Maximum Assessment Rates Are Adopted Year Assessment Rate Budget
2026 2.00% $1,600,000
2027 2.00% $1,600,000
2028 2.50% $2,000,000
2029 2.50% $2,000,000
2030 3.00% $2,400,000
2031 3.00% $2,400,000
2032 3.50% $2,800,000
2033 3.50% $2,800,000
2034 4.00% $3,200,000
2035 4.00% $3,200,000
Total $24,000,000
C. California Constitutional Compliance
The SATMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the SATMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.

Two of these exceptions apply to the SATMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
EXHIBIT 2
City Council 23 – 21 4/15/2025
SATMD Management District Plan 11
February 27, 2025

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the SATMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the SATMD, and are narrowly tailored. SATMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in SATMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.

The assessment imposed by this SATMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with Sales and Marketing programs promoting lodging businesses paying the SATMD assessment. The Sales and Marketing programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the Sales and Marketing programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the SATMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has
recognized that marketing and promotions services like those to be provided by the SATMD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
EXHIBIT 2
City Council 23 – 22 4/15/2025
SATMD Management District Plan 12
February 27, 2025

3. Reasonable Cost
SATMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the TSA, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from SATMDfunded activities, be featured in advertising campaigns, and benefit from other SATMD-funded services. The assessed lodging business list was compiled from records provided by the jurisdiction and complies with the requirements of the 94 Law. Pursuant to Streets and Highways Code Section 36615, the City Council’s determination of ownership is final and conclusive, with no obligation to obtain other information. Non-assessed lodging businesses will not receive these, nor any other, SATMD-funded services and benefits.

D. Assessment
The annual assessment rate is two percent (2%) of gross short term room rental revenue. Every two (2) years during the operation of the SATMD, the assessment rate may be increased by the TSA Board to a maximum rate of four percent (4%) of gross short-term sleeping room rental revenue. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of two percent (2%) of gross short-term sleeping room rental revenue. The maximum increase or decrease in any two-year period shall be one-half of one percent (0.5%).

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the SATMD, with costs allocated based on the proportional benefit conferred to each business. Activities funded by the SATMD, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights.

The term “gross short-term sleeping room rental revenue” as used herein means: the total consideration charged to transients as shown on the guest receipt for the occupancy of space in a hotel, including charges for equipment (such as rollaway beds, cribs and television set, etc.), and inroom services (such as movies and other services not subject to state taxes), valued in money. The costs of additional goods and services, which are not "rent," but which may be sold as a package with the room (such as meals, excursions, and recreational services), must be accounted for in accordance with the rules and regulations promulgated by the City.

EXHIBIT 2
City Council 23 – 23 4/15/2025
SATMD Management District Plan 13
February 27, 2025
Gross short-term sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SATMD assessment is identified separately it shall be disclosed as the “SATMD Assessment.” As an alternative, the disclosure may include the amount of the SATMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes. The California Department of Tax and Fee Administration (CDTFA) issued a written opinion that state sales tax applies to the revenue generated from Tourism Business Improvement District (TBID) assessments on items where state sales tax is levied. In light of CDTFA’s opinion, businesses that pay both state sales tax and TBID assessments on sales are advised to collect sales tax on the assessment revenue.

TSA shall not issue debt of any kind; and shall only fund expenses with recurring assessment revenue collected or the reserve balance.

E. Interest and Overdue Charges
The SATMD shall reimburse the City for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SATMD assessment are sought to be recovered in the same collection action by the City, the SATMD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency Overdue Charge: Any lodging business which fails to remit any assessment within the time required shall pay an overdue charge of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency Compounding Overdue Charge: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay an additional delinquency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed. Any lodging business which fails to remit any delinquent remittance on or before a period of sixty (60) days following the date on which the remittance first became delinquent shall pay an additional delinquency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed together with the additional ten percent (10%) overdue charge imposed.

3. Audit Deficiency Compounding Overdue Charge: If, upon audit by the City, a lodging business is found to be deficient in either its return or its remittance or both, the City shall immediately assess the lodging business the amount of the net deficiency plus an audit deficiency overdue charge of ten percent (10%) of the amount of the net deficiency. If said lodging business’s remittance was deficient for a period of greater than thirty (30) days following the date on which remittance was first delinquent, said lodging business shall pay an additional audit EXHIBIT 2
City Council 23 – 24 4/15/2025
SATMD Management District Plan 14
February 27, 2025
deficiency overdue charge of ten percent (10%) of the net deficiency and the ten percent (10%) overdue charge first imposed. If said lodging business’s remittance was deficient for a period of greater than sixty (60) days following the date on which the remittance first became delinquent, said lodging business shall pay an additional audit deficiency overdue charge of ten percent (10%) of the amount of the assessment and the ten percent (10%) overdue charge first imposed together with the additional ten percent (10%) overdue charge imposed

4. Fraud: If the City determines that the nonpayment of any remittance due under this Plan is due to fraud, an overdue charge of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the overdue charges stated in subsections (1) and (2) of this section.

5. Interest: In addition to the overdue charges imposed, any lodging business who fails to remit any assessment imposed by this Plan shall pay interest at the rate of one and one-half percent (1.50%) per month or fraction thereof on the amount of the assessment, exclusive of overdue charges, from the date on which the remittance first became delinquent until paid.

6. Overdue Charges Merged with Assessment: Every overdue charge imposed and such interest as accrues under the provisions of this section shall become a part of the assessment herein required to be paid.

F. Time and Manner for Collecting Assessments
The SATMD assessment will be implemented beginning January 1, 2026 or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest and overdue charges) from each assessed lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments collected to the Owners’ Association.

EXHIBIT 2
City Council 23 – 25 4/15/2025
SATMD Management District Plan 15
February 27, 2025
VI. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SATMD as defined in Streets and Highways Code §36612. The City Council has determined that TSA will continue to serve as the Owners’ Association for the SATMD.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the TSA Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.

Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
TSA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

EXHIBIT 2
City Council 23 – 26 4/15/2025
SATMD Management District Plan 16
February 27, 2025
APPENDIX 1 – LAW
CURRENT THROUGH ALL LEGISLATION OF THE 2024 REGULAR AND SPECIAL SESSIONS

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those EXHIBIT 2
City Council 23 – 27 4/15/2025
SATMD Management District Plan 17
February 27, 2025
special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”

“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

EXHIBIT 2
City Council 23 – 28 4/15/2025
SATMD Management District Plan 18
February 27, 2025
36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”

“Property” means real property situated within a district.

EXHIBIT 2
City Council 23 – 29 4/15/2025
SATMD Management District Plan 19
February 27, 2025
36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”

(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. (b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council

EXHIBIT 2
City Council 23 – 30 4/15/2025
SATMD Management District Plan 20
February 27, 2025
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities EXHIBIT 2
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SATMD Management District Plan 21
February 27, 2025
and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years.

Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a propertybased district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be EXHIBIT 2
City Council 23 – 32 4/15/2025
SATMD Management District Plan 22
February 27, 2025
mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the EXHIBIT 2
City Council 23 – 33 4/15/2025
SATMD Management District Plan 23
February 27, 2025
district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

EXHIBIT 2
City Council 23 – 34 4/15/2025
SATMD Management District Plan 24
February 27, 2025
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 36638. Assessment as government imposed fee on Civ C § 1770 transaction [Operative July 1, 2024]

EXHIBIT 2
City Council 23 – 35 4/15/2025
SATMD Management District Plan 25
February 27, 2025
(a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of EXHIBIT 2
City Council 23 – 36 4/15/2025
SATMD Management District Plan 26
February 27, 2025
assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

EXHIBIT 2
City Council 23 – 37 4/15/2025
SATMD Management District Plan 27
February 27, 2025
(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

EXHIBIT 2
City Council 23 – 38 4/15/2025
SATMD Management District Plan 28
February 27, 2025
APPENDIX 2 – ASSESSED BUSINESSES
Business Name Business Address
Best Western OC Airport North 2700 S Hotel Terrace Dr Santa Ana, CA 92705 Comfort Inn & Suites OC John Wayne
Airport
2620 S Hotel Terrace Dr Santa Ana, CA 92705
Courtyard By Marriott 311J9 3002 S Harbor Blvd Santa Ana, CA 92704 Courtyard By Marriott Santa Ana 8 E Macarthur Pl Santa Ana, CA 92707 Lakeside Orange County Airport Hotel 7 Hutton Centre Dr Santa Ana, CA 92707 Hotel Zessa, Doubletree by Hilton 201 E Macarthur Blvd Santa Ana, CA 92707 Embassy Suites 1325 E Dyer Rd Santa Ana, CA 92705
Hampton Inn & Suites 2720 S Hotel Terrace Dr Santa Ana, CA 92705 Holiday Inn 2726 S Grand Ave Santa Ana, CA 92705
Holiday Inn Express & Suites Santa Ana 1600 E 1St St Santa Ana, CA 92701 La Quinta Inn & Suites 2721 S Hotel Terrace Dr Santa Ana, CA 92705 Mainstay Suites by Choice Hotels 2701 S Hotel Terrace Dr Santa Ana, CA 92705 Motel 6 Santa Ana 1623 E 1St St Santa Ana, CA 92701
Motel 6 Santa Ana Irvine Orange County
Airport
1717 E Dyer Rd Santa Ana, CA 92705
Red Roof Inns 2600 N Main St Santa Ana, CA 92705
Santa Ana California Lodge 2909 S Bristol St Santa Ana, CA 92704 Sonesta Simply Suites Orange County Airport 2600 S Red Hill Ave Santa Ana, CA 92705 EXHIBIT 2
City Council 23 – 39 4/15/2025

PETITION TO THE CITY OF SANTA ANA

TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT
We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A.

Business Establishment & Address Business Owner
Hampton Inn and Suites Santa Ana Peter Lee
2720 Hotel Terrace Dr
Santa Ana CA 92705
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Peter Lee Owner
Owner /Owner Representative Name (printed) Title
Peb,; 14, 2025 11:12 PDT)
13/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 40 4/15/2025

PETITION TO THE CITY OF SANTA ANA
TO RENEW THE SANTA ANA TOURISM MARl<ETING DISTRICT
We petition you to initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A.

Business Establishment & Address
Best Western Orange County Airport North
2700 Hotel Terrace Dr
Santa Ana, CA 92705
Business Owner
Mascot Management Corp
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Michael Jiang GM
Owner /Owner Representative Name (printed) Title
13/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 41 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner
Courtyard Santa Ana Orange County Apple Hospitality
8 MacArthur Place 814 East Main Street, Richmond, V/l
Santa Ana, CA 92707
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Alane Millar Director of Sales
Owner /Owner Representative Name (printed) Title
13/03/25
Alane Millar (Mar 13, 2025 09:53 PDT)
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 42 4/15/2025

PETITION TO THE CITY OF SANTA ANA
TO RENEW THE SANTA ANA TOURISM MARl{ETING DISTRICT
We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq,, for the purpose of providing services as described In the summary of the Management Dlstr.lct Plan attached hereto as Exhibit A.

Business Establishment & Address
�dJ:@%v::z:;; bi'Pl,fS', I �i"¥/'.
/ p iJ tJ C: L lr Srucr
Business owner
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

L.Y • J�?K&.-
Owner /Owner Representative Name (prfrited) Title
Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 43 4/15/2025

PETITION TO THE CITY OF SANTA ANA
TO RENEW THE SANTA ANA TOURISM MARl(ETING DISTRICT
We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described In the summary of the Management Distr_ict Plan attached hereto as Exhibit A.

Business Establlshment & Address Business Owner
The undersigned is the business owner or the authorized representative of the business owner and ls the person legally authorized and entitled to sign this petition.

Owner /Owner Representative Name (printed)
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 44 4/15/2025

PETITION TO THE CITY OF SANTA ANA
TO RENEW THE SANTA ANA TOURISM MARl<ETING DISTRICT
We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) In accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described In the summary of the Management Dlstr.lct Plan attached hereto as Exhibit A, Business Establishment & Address
La lJo,WA l��e__.

1.9 (E S · \?Jr I �fb \ 'Dr
Business owner
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition, Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W, Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 45 4/15/2025

PETITION TO THE CITY OF SANTA ANA

TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT
We petition you to Initiate proceedings to renew the Santa Ana Tourism Marketing District (SATMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A.

Business Establishment & Address Business Owner
Orange County Hotel JHC Investments Inc.
7 Hutton Centre Dr.

Santa Ana, CA 92707
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Quinn Su General Manager
Owner /Owner Representative Name (printed) Title
0u[mtSu
Quinn Su (Mar 11, 2025 17:10 ron
11/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 46 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner
Holiday Inn Orange County Airport GrandHi17
2726 S. Grand Ave GrandHi17
Santa Ana Ca. GrandHi17
92705 GrandHi17
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Frank Atayde General Manager
Owner /Owner Representative Name (printed) Title
10/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 47 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner
Hotel Zessa, a DoubleTree by Hilton Imperial Hotel Group, LLC 201 E. MacArthur Blvd.

Santa Ana, CA 92707
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Aaron Saliba General Manager
Owner /Owner Representative Name (printed) Title
Aaton ,7. Saliba, GM
Aaron J. Saliba, GM (Mar 11, 202512:12 PDT)
11/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 48 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner
Sonesta Simply Suites Sonesta International
2600 Redhill Ave SVC
Santa Ana CA 92705
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Daniel Fermin General Manager
Owner /Owner Representative Name (printed) Title
JJa.niet rennin
Danlf:l Fermlr1 (Mar 11, 202511:16 PD11
11/03/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 49 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner

EMBAS SY SUITES SANTAANA AMPHIT RITE HOTEL LLC
1325 E DYER RD
SANTA ANA, CA 92705
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

DY MO NCADA REGIONAL CORPORATE SALES DIRECTOR
Owner /Owner Representative Name (printed) Title
JJ!;} Moncavta
01 Uonc..1di1 {Apr 4, 202515:04 PDT)
04/04/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 50 4/15/2025

PETITION TO THE CITY OF SANTA ANA

Business Establishment & Address Business Owner
Motel 6 Harshad Patel
1623 E. First Street
Santa Ana CA 92701
The undersigned is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.

Cassey Hubbard
Owner /Owner Representative Name (printed)
General Manager
Title
04/04/25
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:

Wendy Haase-Roberts
Travel Santa Ana
1631 W. Sunflower Ave, C-35
Santa Ana, CA 92704
714-242-4434 I [email protected]
EXHIBIT 3
City Council 23 – 51 4/15/2025
2024 ANNUAL REPORT
EXHIBIT 4
City Council 23 – 52 4/15/2025
Travel Santa Ana is the official Destination Marketing Organization (DMO) for Santa Ana.

Travel Santa Ana is dedicated to promoting the city as a desirable Orange County destination for business, leisure, meetings, sports, and group travel.

Travel Santa Ana is a non-for-profit, 501 C (6), funded by a 2% assessment implemented by the Santa Ana Tourism Marketing District (SATMD). The SATMD is comprised of 17 hotels and motels with (70) rooms or more within the boundaries of the City of Santa Ana. The assessment is paid for by visitors who stay at those hotels and motels.
2024-2026 Travel Santa Ana Board of Directors
Chair: Aaron Saliba, General Manager, Hotel Zessa a DoubleTree by Hilton Vice Chair: Alissa Salma, General Manager, Courtyard Santa Ana/Orange County Past Chair: Julie Buettner, General Manager, Courtyard Costa Mesa South Coast Metro Treasurer: Ryan Chase, Owner, 4th Street Market
Secretary: Erin Warady, Marketing Chair/CMO, Cannabis Chamber of Commerce At-Large:

Frank Atayde, General Manager, Holiday Inn Orange County Airport Marc Morley, Economic Development Manager, City of Santa Ana Cory Sams, General Manager, MainPlace Mall
Quinn Su, General Manager, Doubletree by Hilton Orange County Airport Marketing Advisory Group
Amanda Blazey, Director of Marketing, Orange County School of the Arts Logan Crow, Executive Director & Founder, Frida Cinema/DTSA Artwalk Paul Eakins, Public Affairs Information Officer, City of Santa Ana Cori Lantz, Recreation & Community Services Supervisor, City of Santa Ana Parks & Recreation Scott Melvin, Vice President of School Relations, Mater Dei High School Kelly Radomske, Vice President of External Affairs, Bowers Museum Maribel Silva, Operations Coordinator, Santa Ana Zoo
Daniela Valencia, Marketing Director, MainPlace Mall
Jason (J-Bird) Venable, Co-Founder, Suavecito
Erin Warady, Marketing Chair/CMO, Cannabis Chamber of Commerce Cherie Whyte, Vice President, Marketing, Discovery Cube

WENDY HAASE-ROBERTS, CDME
President & CEO

ANALAURA BECERRA, CDME, CMP, CTA
Director of Sales

MARIA GONZALEZ, PDM, CTA
Content & Community Engagement Manager
staff
about travel santa ana
EXHIBIT 4
City Council 23 – 53 4/15/2025
mission
To share Santa Ana with the world.
values
Passion
We are passionate in
our efforts to strengthen
our community’s
economic vitality.

Inclusiveness
We are diverse
and inclusive.

All are welcome.

Collaboration
We value and respect
each other, and recognize
we are stronger when we
work together.

Relevance
We are valued in our
community for our
leadership, expertise,
and integrity.

Awareness
We are aware of our
community’s cultural
heritage and history and
continue to ask questions
and learn.

Vision
Santa Ana is the authentic & welcoming Orange County experience. about travel santa ana
EXHIBIT 4
City Council 23 – 54 4/15/2025
The Santa Ana Tourism Marketing District (TMD) includes lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana. The boundary, as shown in the map below, currently includes seventeen (17) lodging businesses that have seventy (70) rooms or more. boundaries
EUCLID ST.

NEWHOPE ST.

FLOWER ST.

BROADWAY BROADWAY
MAIN ST.
1st ST. 1st ST. FLOWER ST.

HARBOR BLVD. HARBOR BLVD.

FAIRVIEW ST.

RAITT ST.

GRAND AVE.

RAITT ST.

BRISTOL ST. BRISTOL ST.

FAIRVIEW ST.

EDINGER AVE.

MCFADDEN AVE. MCFADDEN AVE.
17th ST.

GARDEN GROVE BLVD.

SANTA ANA BLVD.
17th ST.

SANTA CLARA AVE.

TUSTIN AVE.

WARNER AVE.

DYER RD.

SEGERSTROM AVE.

MACARTHUR BLVD.

WARNER AVE.
405
55 55
22 22
CIVIC CENTER DR.

MAIN ST.
5 3rd ST. 4th ST.

EXHIBIT 4
City Council 23 – 55 4/15/2025
Name Location # Rooms Meeting Space
Best Western Plus Orange County Airport North 2700 Hotel Terrace Drive 148 1 Room, 800 sq. ft.

California Lodge Suites 2909 S. Bristol St. 181 Guestrooms only Comfort Inn & Suites Orange County John Wayne Airport 2620 Hotel Terrace Drive 127 Guestrooms only Courtyard Costa Mesa South Coast Metro 3002 S. Harbor Blvd. 145 3 Rooms, Largest 676 sq. ft. 1,553 sq. ft. total Courtyard Marriott Santa Ana 8 MacArthur Place 155 4 Rooms, Largest 3,953 sq. ft., 5,059 sq. ft. total DoubleTree Santa Ana - Orange County Airport 7 Hutton Center Drive 168 5 rooms, Largest 1,848 sq. ft., 3,976 sq. ft. total Embassy Suites - Santa Ana Orange County Airport 1325 E. Dyer Road 301 9 Rooms, Largest 4,407 sq. ft., 7,629 sq. ft. total Hampton Inn & Suites Santa Ana Orange County Airport 2720 Hotel Terrace Drive 121 1 Room, 400 sq. ft.

Holiday Inn Express & Suites Santa Ana Orange County 1600 E. 1st St. 161 8 Rooms ( 1 per floor), Each 600 sq. ft.

Holiday Inn Santa Ana Orange County Airport 2726 S. Grand Ave. 176 5 Rooms, Largest 1,866 sq. ft., 5,000 sq. ft. total Hotel Zessa a DoubleTree by Hilton 201 E. MacArthur Blvd. 253 5 rooms, Largest 7,308 sq. ft., 8,638 sq. ft. total La Quinta by Wyndham Orange County Airport 2721 Hotel Terrace Drive 180 Guestrooms only MainStay Suites Orange County John Wayne Airport 2701 Hotel Terrace Drive 176 Guestrooms only Motel 6 Santa Ana/Irvine Orange County Airport 1717 E. Dyer Road 150 Guestrooms only Motel 6 Santa Ana 1623 E. 1st St. 80 Guestrooms only
Red Roof Inn Santa Ana 2600 N. Main St. 125 Guestrooms only Sonesta Simply Suites Orange County Airport 2600 S. Red Hill Ave. 122 Guestrooms only TOTAL GUESTROOMS 2,770
santa ana hotel inventory
EXHIBIT 4
City Council 23 – 56 4/15/2025
Santa Ana Hotel Inventory: 2,770 rooms at 17 Hotels
*DoubleTree rebranded to Hotel Zessa a DoubleTree by Hilton Hotel Annual Revenue: Over $76 Million*
Hotel Visitor Tax: $9.4 Million
Tourism Marketing District Collections: $1.5 Million
Hotel Average Daily Rate: $122.49*
Hotel Occupancy: 69%*
hotel overview
*Includes 15 of the 17 TMD hotels. Santa Ana CA Lodge and Red Roof Inn do not report to STR, the global leader in hospitality data benchmarking, analytics, and marketplace insights.

EXHIBIT 4
City Council 23 – 57 4/15/2025
tourism matters
2023 Direct Travel Impacts to Santa Ana
$414.7 Million
direct travel spending
YOY 9.2%
940,341 VISITORS YOY 5%
2,980 SANTA ANA JOBS ARE SUPPORTED
BY VISITORS EQUALING $135.6 MILLION
IN WAGES TO SANTA ANA’S ECONOMY!
$27.1 Million

IN TAXES BY DIRECT

TRAVEL SPENDING
EXHIBIT 4
City Council 23 – 58 4/15/2025
Tourism revenue helps to support:

ARTS &

CULTURE

PARKS & RECREATION

PUBLIC SAFETY

PUBLIC INFRASTRUCTURE

NEIGHBORHOOD

SERVICES
Santa Ana households would pay $195 more a year in local taxes without visitor-generated taxes received by local government.

SANTA ANA’S

MAJOR VISITOR

SPENDING

CATEGORIES
$109 million
Dining
$107 million
Accommodations
$81.5 million
Arts, entertainment,
& recreation
$63 million
Local
transportation
& gas
$36.8 million
Retail sales
$16.7 million
Food stores
tourism matters
These numbers are estimates from the Economic Impact of Travel report, Calendar Year 2023, a tourism economic impact study conducted by Dean Runyan Associates for Santa Ana.

EXHIBIT 4
City Council 23 – 59 4/15/2025
TOP 10 VISITOR MARKETS % VISITORS % VISITOR SPEND AVG. VISITOR SPEND Los Angeles CA 13.6% 2.1% $102
San Diego CA 12.9% 3.4% $105
Phoenix AZ 8.6% 3.4% $134
San Francisco-Oakland-San Jose CA 7.3% 7.9% $120
Las Vegas NV 5.8% 2.3% $136
Sacramento-Stockton-Modesto CA 4.4% 2.8% $119
Fresno-Visalia CA 2.7% 1.2% $137
Palm Springs CA 2.2% 0.7% $103
Salt Lake City UT 2.1% 2.6% $102
Dallas-Ft. Worth TX 2.1% 2.9% $142
MEXICO

STATE MAJOR SPENDING CATEGORY
Baja California Retail
Baja California Arts & Entertainment
Baja California Accomodations
Baja California Food
Baja California Colleges & Universities
Baja California Attractions
Baja California Medical
Jalisco Retail
Michoacán Retail
Baja California Education
CANADA

PROVINCE MAJOR SPENDING CATEGORY
Nova Scotia Food
Ontario Retail
Ontario Food
Ontario Accomodations
British Columbia Arts & Entertainment
Manitoba Food
British Columbia Retail
British Columbia Accomodations
Ontario Arts & Entertainment
Manitoba Accomodations
Average Visitor Spend $169 all markets
VISITORS AGED 25 TO 54
60%
% OF VISITORS - $100K+
57%
% OF VISITORS WITH

CHILDREN IN HOUSEHOLD
38%
visitor profile

SAN FRANCISCO NEW YORK

CHICAGO
DALLAS

HOUSTON

PHOENIX

LAS VEGAS
demographics

MEXICO & CANADA MARKET OVERVIEW
top origin markets
Visitor data tracked by Zartico.

EXHIBIT 4
City Council 23 – 60 4/15/2025
The
Community
Vitality
Wheel
It Starts With A Visit
You Need To Keep
The Wheel Turning and
Manage Its Speed
That is the
Work at a
Destination
Organization
From Visit,
To Live,
To Work,
To Invest

1.VISIT
If you built a place where
people want to visit, then
you have built a place
where people want to live.

4.invest
And if you built a place where
business and residents will invest,
then you have built a place where
people will want to visit.

2. live
And if you built a place
where people want to live,
then you have built a place
where people want to work.

3. work
And if you built a place
where people want to
work, then you have built
a place where business and
residents will invest.

THE WORK OF A

DESTINATION ORGANIZATION
EXHIBIT 4
City Council 23 – 61 4/15/2025
• Amplify audience exposure to the brand across all touchpoints of the travel planning journey. • Cultivate third-party meeting planner relationships that amplify and magnify the city’s sales impact in the marketplace, including attending sales missions and tradeshows. • Develop creative marketing campaigns that drive awareness and bookings. • Implement a strategic marketing mix that drives conversions from target demographics. • Test and track each marketing initiative to optimize performance. • Adjust campaigns on an ongoing basis to reach key performance metrics for the highest ROI. strategies
goals
• Build awareness of Santa Ana’s assets and destination by storytelling through video, imagery, and content. • Position Santa Ana as a desirable Southern California meeting location for appropriate groups both domestic and international.
• Drive measurable web traffic through a mix of earned, paid, and owned media. • Support hotels’ efforts to increase bookings by prospecting select drive centric geographic markets, high inbound air flight traffic locations and small market states. sales and
marketing
Travel Santa Ana
community
alignment
sustainable
organization
EXHIBIT 4
City Council 23 – 62 4/15/2025
Client events & FAM Tours:

Hosted client events in Chicago, Greenville, Las Vegas, Mexico City, Miami, Milwaukee, Phoenix, Sacramento, and Vancouver.

Hosted 2 Familiarization (FAM) Tours for qualified meeting planners. $9.3 Million
in potential hotel revenue
17 site inspections
24 1,179appointments tradeshows
101
qualified leads
sales highlights
Sacramento-based meeting planners explore DTSA. IPW attendees visit Suavecito HQ during a SoCal FAM.

EXHIBIT 4
City Council 23 – 63 4/15/2025
Road & Trade Show Highlights
Visit CA Canada Mission
January
Calgary • Edmonton • Vancouver
Travel Agent Appointments:
60+ (Edmonton)
80+ (Calgary)
100+ (Vancouver)
Brand USA Mexico Mission
February
Guadalajara • Mexico City
Appointments:
53 travel agents representing 41 organizations
Plus, presentation to 150 travel agents in
Guadalajara & 185 travel agents in Mexico City
U.S. Travel Association’s IPW
May
Los Angeles
Appointments:
40 international buyers
39 international media
Plus, co-hosted reception with Visit Buena Park
for Mexican media with over 100+ attending.

Visit California Roadshow East
June
Chicago • Washington D.C.

Meeting Planner Appointments:
33 Chicago + networking
42 D.C.

Connect Marketplace
August
Milwaukee
Meeting Planner Appointments: 47
Plus, presentation to 125 meeting planners
Visit Anaheim Canada Roadshow
November
Calgary • Edmonton • Vancouver
Meeting Planner Presentations:
88 Calgary
136 Edmonton
150 Vancouver
CalSAE’s Seasonal Spectacular
December
Sacramento
9 appointments
Plus, breakfast sponsorship for 250 qualified
association buyers & played Loteria with 118
attendees.
• CA DMO Alliance
• CalSAE Elevate
• Connect Spring & West
• HPN Global & Partner Conference
• HelmsBriscoe ABC
• Meetings Today Live
• Northstar’s Independent
Planners, Destination West
& Destination California
• Small Market Meetings
• Smart Meetings National
• Southern California Chapter of MPI
• Student Youth Travel Association
• TEAMS
Additional Road & Trade Shows Attended
EXHIBIT 4
City Council 23 – 64 4/15/2025
marketing & pr highlights
Website pageviews: 571,891
top 5 pages:

1. Your Guide to the Heart of Orange County

2. Santa Ana Events

3.Fun Things to Do in Santa Ana: Attractions & Sights

4. Eat

5. Santa Ana Public Art Guide: Street Murals & Sculptures Visitors Guide
Mailed: 170
Downloaded: 464
(427 English, 37 Spanish)
Impressions: 28,393
(10,232 English, 18,161 Spanish)
Printed guide is distributed at
California Welcome Centers, Santa Ana
hotels, John Wayne Airport, and other
locations. The digital version is available in
English and Spanish.
1,017 scans
Top scanned campaigns:
• Website Promotional Table Tents
• Michelada Guide
• Spanish Visitor Guide
Rack Cards
• San Diego Cannabis
Postcards
547.47% increase monthly newsletter
1,022 New Subscribers
AN INCREASE OF 130.7%
• Food Fun & Faraway Places: 91.2K IG Followers
• TheTravelMom: 74.9K IG Followers
• JustinPlusLauren: 64.1K IG Followers
• Peter Greenberg: 51K IG Followers
• ConnieGoogleQueen: 22K TikTok Followers
• Exploreytion: 14.7K IG Followers
earned media
Travel Santa Ana’s public relations efforts
earned media coverage in the following:
• Avin Medios • Impact OC • Pasillo Turistico
• Periodismo y Ambiente Descubre
• Radio Formula • Smart Meetings • Teleformula
• The Packed Bag • The Passenger
• Travel Times • U.S. Travel News
influencers &
media hosted
trackable qr codes
EXHIBIT 4
City Council 23 – 65 4/15/2025
Impressions: 4.09M
(an increase of 43%)
Engagements: 136.7K
(an increase of 5.7%)
Post Link Clicks: 79.7K
(an increase of 2.3%)
Engagement Rate: 3.3%
social media highlights
@travelsantaana
Overview
Posts = 346
Overall Spend = $16.3K
Impressions = 4.06M
Link Clicks = 123K
Cost-Per-Click = $0.21
Click-Thru Rate (CTR) = 2.59% ThruPlays = 1.7K
Cost Per ThruPlay = $9.65
Top Producing Ads or Boosts
Blading Cup 2024 = 59K Clicks
Santa Ana Michelada Guide = 52K Clicks
Dia De los Muertos Celebrations = 28K Clicks
San Diego Market Campaign = 27K Clicks
video stats
Impressions = 46,203
Views = 28.8K
Hours Watched = 479.3
Impressions CTR = 2.9%
Top Performing Videos
Always Bet on Us - Proud Santaneros Series 1
Discover Santa Ana - Destination Video
Santa Ana Is United by Originality - :30 Destination Video EXHIBIT 4
City Council 23 – 66 4/15/2025
ADVERTISING highlights
“Always-On” Campaign
• 7,835 Room Nights | $1,075,112 in Hotel Revenue
OC Campaigns
• 47,318 Room Nights | $6,470,882 in Hotel Revenue
Mexico Campaign
• 4,443,153 Total Impressions
• 6,384 Total Clicks
• $37,871 Total Bookings
• 264 Room Nights
• CTR = 0.14%
• Page Views = 40,618
• Number of Flight Bookings = 6
Orange 142*
Mexico Campaign
• 3,515,118 total impressions served to users in Mexico • 68,818 total clicks back to the website for an
overall CTR of 1.96%
• Video instream completed view rate 88.5%
• 286,912 completed views, for a :30 video that
equated to 143,456 minutes or 2,391 hours
*Three-month campaign

TACTIC INDUSTRY AVERAGE PERFORMANCE CAMPAIGN PERFORMANCE Display .10% CTR 0.21% CTR
In-need (behavioral) ~.30 CTR (estimated) 0.76% CTR
Instream Video N/A 64% VCR
Instream Video Clicks N/A 4.84%
Meta .90% CTR 4.67% CTR
Retargeting N/A 0.25% CTR
Native .30% CTR 1.04% CTR
EXHIBIT 4
City Council 23 – 67 4/15/2025

ADVERTISING
Santa Ana, CA is unlike any other destination
in Orange County. Discover a community
rich in culture offering attendees authentic
flavors reflective of our diversity and an art
scene that is a mix of funky and folk, including
200+ murals. Unique venues from historic to art
deco are perfect for off-site event locations.

The city’s year-round celebrations further
enhance the meeting experience.

MEETINGS IN
ARE

DIFFERENT
TravElSaNTaaNa.coM
coNTacT aNalaura BEcErra,
Director of Sales, Travel Santa Ana,
[email protected]
Every building has its own personality. Each Street
is totally different. I just love hearing the sounds of the city: the cars, the music, the people talking.

It’s just very rich and diverse. I love this city!
-Delilah Snell, owner Alta Baja Market
Print & Digital
EXHIBIT 4
City Council 23 – 68 4/15/2025
special projects
Created the Culinary Passport to highlight the diversity of Santa Ana’s dining. The Passport features nearly 40 restaurants and provides information on what makes them special along with a must-try menu item. Visitors are encouraged to share their experience on social with the hashtag #CulinaryPassportSA
Created the Michelada Guide to highlight the iconic Mexican cocktail and showcase two dozen Santa Ana restaurants and bars that offer their own unique versions. Visitors are encouraged to share their experience on social with the hashtag #MicheladaManiaSA
Launched a complimentary training program for everyone, from frontline hospitality employees and tourism partners to city officials and residents passionate about Santa Ana. The program provides an overview of the tourism industry’s importance to the community and what makes Santa Ana unique to help better promote the destination to visitors. Those who complete the program receive an official enamel pin.

Worked with Peter Greenberg Worldwide Productions to film a segment of “Hidden Gems” featuring Alta Baja Market, the Blue Lot, Cerveza Cito,Lyon Air Museum, the Santa Ana Zoo, and THEM Skates.The segments are expected to air on PBS and AppleTV+ this year.

EYE ON TRAVEL
Recorded an “Eye on Travel” radio program with Peter Greenberg featuring Logan Crow of the Frida Cinema, Cat Decker with Friends of the Santa Ana Zoo, Tim Rush, a historian with Preserve Orange County, Hawk Scott with the City of Santa Ana Parks and Recreation, and Dr. Tianlong Jiao, the curator for the Bowers Museum.

EXHIBIT 4
City Council 23 – 69 4/15/2025
Created a custom Santa Ana Lotería set featuring iconic buildings, attractions, events, and more. The game
includes a glossary that provides information on each
visual and its relevance to Santa Ana.

Created custom Santa Ana
stickers and pins featuring
iconic buildings, attractions,
events, and more.

The third series of “Proud Santanero” features two locals answering the question “what makes them a Proud
Santanero.” The locals include:
• Jon Julio, Owner, THEM SKATES & Blading Cup
• Tim Rush, Historian, Preserve Orange County
The video series is promoted on YouTube
and a designated website landing page.

Partnered with local artist, Ali Coyle, to create the fifth signature within the series. The unique signatures replace a traditional destination logo and are interchangeable throughout marketing materials.

Ongoing
Stickers
and Pins
orange county

RESTAURANT
week
special projects
Loteria
travelsantaana.com travelsantaana.com

COLLECTIBLE ENAMEL PIN
travelsantaana.com
The annual Blading Cup brings skating competitors
from over 20 countries to Downtown Santa Ana.

COLLECTIBLE ENAMEL PIN
@TravelSantaAna
EXHIBIT 4
City Council 23 – 70 4/15/2025
GOLD:

Official Santa Ana Visitors Guide (Print)
Santa Ana Public Art Guide (Landing Page)
HONORABLE MENTION:

Travel Santa Ana Signatures (Logo)
TravelSantaana.com (Website)
Santa Ana Stickers (Collateral/Branding)
PLATINUM: TravelSantaana.com (Website)
GOLD: Santa Ana Public Art Guide (Landing Page)
HONORABLE MENTION: Proud Santanero (Video)
PLATINUM: Discover Santa Ana (Video)

PLATINUM: Discover Santa Ana (Video)
GOLD: TravelSantaana.com (Website)
HONORABLE MENTION:

Santa Ana Public Art Guide (Landing Page)
SILVER: TravelSantaAna.com
Outstanding Website
GOLD: Discover Santa Ana (Video)
SILVER:

TravelSantaAna.com (Website)
Santa Ana Mexico Campaign Digital Marketing
(Campaign)
GOLD:

Discover Santa Ana (Video)
Proud Santaneros (Video)
Signatures (Logos)
SILVER: Santa Ana Loteria (Branded Content)
PLATINUM: 2023 Annual Report (Publications)
GOLD: Santa Ana Mexico Campaign Digital
Marketing (Campaign)
HONORABLE MENTION:

Official Visitors Guide (Publication)
awards
EXHIBIT 4
City Council 23 – 71 4/15/2025
2024 Travel Santa Ana Budget
$1.9* million
2024 Santa Ana Tourism
Marketing District Revenue
$1.5 milllion
financial report
Category Budgeted Actual
Revenue
Tourism Marketing District Revenue $1.9* Million $1.5 Million* Expenditures
Sales & Marketing $1.7 Million $1.5 Million
Administration & Operations $143,350 $165,800
Reserve $0 $980,900
City Fees $36,000 $31,000
TOTALS $1,879,350 $2,677,700
*Projected TMD revenue for 2024 was $1.6M, the budget includes carryover revenue from 2023.

SALES & MARKETING: 80% RESERVES: 8%
CITY FEE: 2% ADMINISTRATION: 10%
EXHIBIT 4
City Council 23 – 72 4/15/2025
financial report

ASSESSMENT
There is no change in the method and basis of levying the assessment. The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the lack of benefit received, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays that any nonprofit organization which, as the result of a disaster, provides at its own expense hotel or motel shelter to any victim of a disaster.

The term “gross room rental revenue” as used herein means: the total consideration charged, whether or not received, for the occupancy of a space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state, or local taxes collected, including but not limited to hotel visitor taxes. The assessment is levied upon and a direct obligation of the assessed lodging business.

However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the “SATMD Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of hotel visitor taxes.

EXHIBIT 4
City Council 23 – 73 4/15/2025
www.travelsantaana.com
#TravelSantaAna @TravelSantaAna
EXHIBIT 4
City Council 23 – 74 4/15/2025
EXHIBIT 4
City Council 23 – 75 4/15/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street

AGENDA TITLE
Density Bonus Agreement No. 2025-01 to Facilitate the Construction of a Multi-Family Residential Development, Which Includes 80 Townhome Units and Six Duplexes (86 Total Units), With Five Units Designated as Affordable to Very Low-Income Households

RECOMMENDED ACTION

1. Adopt a resolution approving Density Bonus No. 2025-01 as conditioned; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-01 TO ALLOW AN EIGHTY-SIX UNIT MULTI-FAMILY DEVELOPMENT FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET (APN: 402- 191-03)

2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Section 15168 (Program EIR); and

3. Authorize the City Manager to execute a Density Bonus Agreement with MLC Holdings Inc./Meritage Homes, for a 55-year term, for a for-sale residential development consisting of an 86 unit multi-family development, with five units designated as affordable to very low-income households at 2020 E. First Street (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

EXECUTIVE SUMMARY
Louisa Feletto, with MLC Holdings, Inc./Meritage Homes, representing property owner Paul Miszkowicz with 2020 E First, LLC, is requesting approval of Density Bonus Agreement (DBA) No. 2025-01 to allow the construction of a multi-family residential development, which City Council 24 – 1 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

Page 2 ends

includes 80 townhome units and six duplexes (86 total units), at the property located at 2020 East First Street. The project would include five units designated for very low-income households earning 30-50 percent of the Area Median Income (AMI). As proposed, the project will utilize one concession to deviate from Metro East Mixed-Use Overlay Zone (MEMU) development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the DBA as the project aligns with the intent of the General Plan and MEMU overlay district to establish residential mixed-use and employment centers that are well connected to public transportation. Additionally, the project contributes to the community’s affordable and market-rate ownership housing stock, represents a significant reinvestment in a currently vacant site, does not result in adverse environmental impacts or serious public health concerns, and is consistent with various goals and policies of the General Plan.

Planning Commission Action
On March 24, 2025, the Planning Commission held a public hearing for the project and voted 6:0:1, with Commissioner Leo absent, to approve Site Plan Review Application (SPR) No. 2025-01, Vesting Tentative Tract Map (VTTM) No. 2025-01 (County Map No. 19337) for condominium purposes, and to recommend that the City Council approve Density Bonus Agreement No. 2025-01. The Planning Commission included additional conditions of approval to allow staff to work with the applicant to redesign the proposed duplexes storefront and to work with the applicant on determining the feasibility of adding additional affordable units or a deeper affordability as part of the overall project. Moreover, pursuant to Section 41-1607 of the SAMC, the Planning Commission made the required findings to approve a development concession as part of the density bonus agreement.

Following this vote, the item requires City Council approval of the density bonus agreement.

Staff notes that since the Planning Commission meeting the applicant has worked with planning staff to address the redesign of the proposed duplex storefront. In the revised floor plans, the front door to each proposed duplex has been relocated from the sideentry and incorporated into a front-entry design. The front entry to each duplex will be incorporated into the proposed storefront, accessible from the porch area, and will face First Street. In addition, the applicant has engaged conversations with the City’s Housing Division and has demonstrated a good faith effort to work with staff to explore the feasibility of incorporating additional affordable units and/or incorporating a deeper affordability rate at extremely low-income. The feasibility of additional affordable units or a deeper affordability rate will depend on multiple factors (e.g., affordable sales price, cost of construction, etc.). The conversations between the applicant and City staff are ongoing at the time this report was printed.

City Council 24 – 2 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

Page 3 ends

DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2020 East First Street – Ward 3 Nearest Intersection East First Street and Golden Circle Drive General Plan Designation District Center – Medium High (DC – 3) Zoning Designation General Commercial (C2); Active Urban (AU) within the Metro East Use Overly Zone (MEMU)
North Eating Establishment/Commercial
East Multifamily Residences
South School (in the City of Tustin) Surrounding Land Uses West Medical Office and Recreation Field
Gross Area: 3.72 acres (161,956 square feet) Property Size Net Area: 3.68 acres (160,130 square feet) Existing Site Development 118,192-square-foot office building (Currently Vacant) Use Permissions Multi-Family Residential
Zoning Code Sections Affected Uses
Article XVI.I (Density Bonus); Active Urban within
the Metro East Mixed Use Overlay Zone (MEMU);
and Chapter 34 (Subdivisions)
Project Description
The development will consist of 12 residential buildings with eighty (80) three-story townhouse units, and three residential buildings with six (6) four-story duplexes, with a proposed project density of 23.37 du/ac. The townhomes will include twelve (12) twobedroom units, thirty-four (34) three-bedroom units, and thirty-four (34) four-bedroom units, and are designed as a tuck-under building type featuring a front porch/stoop frontage design. The six duplexes are designed as three-bedroom units, and are designed as a tuck-under building type featuring a shopfront frontage design and rooftop decks.

The unit sizes will vary between 1,215 and 2,488 square feet, and each unit will be fully equipped with a kitchen, bedrooms, bathrooms, common living areas, and will include a minimum of 90 square feet of private open space, provided in the form of a deck or balcony.

They will also include a two-car garage at ground level (tuck-under building design) and inunit laundry facilities. The duplexes will feature ground floor, 210-square-foot flex spaces that may be used as home offices. These spaces would differ from traditional live-work units due to constraints related to the building construction type and building setbacks. While these offices may serve as commercial uses, they would not accommodate or serve as a traditional commercial storefront. However, the provided flex spaces would support the MEMU overall vision and goals by activating the public realm and enhancing connectivity with publicly accessible open space.

City Council 24 – 3 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

Page 4 ends

As previously described, the project will include affordable units, with five units designated for very low-income households earning 30-50 percent of the AMI, which is currently $78,900 for a four-person household, as determined, by the California Department of Housing and Community Development (HCD). These will consist of two, four-bedroom units, two, three-bedroom units and one, two-bedroom unit, ranging in size from 1,215 to 1,781 square feet. Each unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents.

As part of the development, a total of 9,767 square feet of the project site or six percent (6%) of total site will be dedicated to publicly accessible open space. This will include a public plaza along First Street, which will lead to a private courtyard that would serve as common open space. Collectively, the common open space provided is 13,179 square feet, which exceeds the minimum 8,006 square feet required by the MEMU (5% of the lot). The courtyard features seating areas, picnic tables, shade structures, a corn hole play area, and enhanced paseos for pedestrian connectivity. Dog waste stations will also be placed throughout the site to accommodate pet owners. The main entryway will be enhanced with decorative paving and landscaping will be carefully curated to enhance aesthetics and improve the overall living environment. The plant selection will include California Sycamore and Southern Live Oak along the street, with Sweet Bay, African Sumac, and Southern Magnolia providing canopy coverage. Fern Pine and Brisbane Box trees will serve as vertical accents, while Crape Myrtle and Tulip trees will add flowering highlights. Shrubs such as agave, Dwarf Lily of the Nile, Sulfur Flower, and Red Yucca will contribute to the site’s visual appeal.

The project incorporates a contemporary architectural style consistent with many multifamily and mixed-use residential communities currently under construction in Santa Ana and the surrounding region. The overall design, massing, materials, and architectural features are intended to be compatible with, yet distinct from, the existing multi-family residences to the east. The subject site is designed with a row of units positioned adjacent to the front property line, incorporating a storefront-style facade that enhances pedestrian engagement and activates the public realm. The contemporary architectural style is characterized by a combination of brick veneer and lap siding, complemented by wood canopies and metal awnings, which add both texture and depth to the design. Throughout the development, the cohesive contemporary aesthetic is maintained through the continued use of siding, brick veneer, and concrete flat tile roofing, ensuring visual consistency across the site while integrating modern design elements.

Density Bonus
As part of the project, the applicant is seeking a concession allowable by the California Density Bonus law, which allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law City Council 24 – 4 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

Page 5 ends

Santa Ana City CouncilApril 15, 2025

Santa Ana City Council
April 15, 2025