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Home My WebLink About FULL PACKET_2008-07-07ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, GRAND PLAN 2, LLC, INTEGRAL COMMUNITIES I, INC., AND NDC SKYLINE ASSOCIATES, LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND MACARTHUR BOULEVARD THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into and amend development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. On July 5, 2005, the City Council adopted Ordinance No. NS-2691, approving a Development Agreement with Grand Plan 1, LLC, and Grand Plan 2, LLC, for a mixed use project, including three high rise condominiums, at the corner of Main Street and MacArthur Boulevard in the City. Subsequently, these entities assigned a portion of the project, known as the Integral element, to Integral Communities, Inc., a Delaware Corporation, and a portion of the remainder from Grand Plan 1, LLC to NDC Skyline Associates, LLC, a Delaware Limited Liability Company. C. The City enters into this First Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. D. The Planning Commission has, following a duly noticed public hearing, on or about May 12, 2008, recommended approval of this First Amendment to Development Agreement. E. Entering into this First Amendment to Development Agreement would make only minor changes to the project by (1) removing the requirement that the Owner 0 place two gateway entry signs in the public right-of-way with the cost offset against the public art otherwise required for the project, (2} alter the timing of public art to be installed as part of the project from all at the outset, to spread out over four phases of the project, and (3) Ordinance No. NS- Page 1 11 A-1 require Grand Plan 2 and NDC Skyline to be responsible for public art for its three phases of the project, and Integral Communities I to be responsible for the public art for its one, single phase. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on June 20, 2005, approved and certified an Environmental Impact Report (EIR) in conjunction with this project and adopted a mitigation monitoring plan together with findings and a statement of overriding considerations. Anotice of determination was subsequently filed for this project. The Council approves this amendment based upon this pre-existing environmental documentation and finds that there is substantial evidence in the record, with respect to this minor Amendment, that: 1. There are no subsequent changes proposed in the project which will require important revisions of the EIR due to new significant effects not considered in the EIR; and 2. There are no substantial changes occur with respect to the circumstances under which the project is undertaken which will require important revisions in the EIR due to the involvement of new significant effects not considered in the EIR; and 3. There is no new information relating to the significant effects of the project and means of reducing or avoiding those effects, which was not known and could not have been known at the time the EIR was certified or adopted; and 4. No minor technical changes or additions are necessary to the EIR. SECTION 2: The First Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby authorized and directed to cause this First Amendment to Development Agreement to be recorded with the County Recorder's Office. Ordinance No. NS- Page 2 11 A-2 SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Ordinance No. NS- Page 3 11 A-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 4 11 A-4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, THE GRAND PLAN 2, LLC, NDC SKYLINE ASSOCIATES, LLC, and INTEGRAL COMMUNITIES I, INC. Dated: , 2008 EXHIBIT 1 DOCSOC/1275524v9/024579-0001 11 A-5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, GRAND PLAN 2, NDC SKYLINE ASSOCIATES, LLC, AND INTEGRAL COMMUNITIES I, INC. This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City"), and THE GRAND PLAN 2, LLC, a California limited liability company ("GP2"), NDC SKYLINE ASSOCIATES, LLC, a Delaware limited liability company ("Skyline") and INTEGRAL COMMUNITIES I, INC., a Delaware corporation ("Integral Communities I"). 1. This First Amendment is entered into with reference to the following facts: 1.1 The Grand Plan 1, LLC, a California limited liability company ("GP1") and GP2, on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 ("Development Agreement") pursuant to which, among other things, Owner (as defined in the Development Agreement) is required to install Signs and Public Art at a cost of not to exceed Five Hundred Thousand Dollars ($500,000) all of which was to be installed prior to the issuance by the City of the first certificate of occupancy for any Element. GP1 and GP2 subsequently assigned its rights and obligations under the Development Agreement with respect to Lake Towers to Skyline and GP1 assigned its rights and obligations under the Development Agreement with respect to Integral to Integral Communities I. Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 Skyline, GP2, and City now desire to amend the Development Agreement so as to remove the requirement for the installation of the Signs and to provide phasing for the installation of the Public Art. 2. Section 2.54 and 2.59 are hereby deleted in their entirety. 3. Section 5.1.7 is hereby deleted and replaced with the following: SECTION 5.1.7. Development, Construction and Completion of Public Art. Owner shall include within the Project, a single or grouped permanent work(s) of public art consistent with the Public Art Plan (the "Public Art") at a cost not to exceed Five Hundred Thousand Dollars ($500,000) ("Public Art Fee"). 4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted and replaced with the document attached hereto and referenced as Exhibit B. 5. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. DOC SOC/ 1275524v 10/024579-0001 11 A-6 IN WITNESS WHEREOF, this First Amendment has been executed by the City of Santa Ana and by Owner. Dated this _ day of , 2008. THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California By DAVID N. REAM City Manager By [Signatures continue on following page] 2 DOCSOC/ 1275524v 10/024579-0001 11 A-7 Approved as to Form: THE GRAND PLAN 2, LLC, a California limited liability company Name C.u.c~ri~s f~ - ~ I sa h Its __. YY14 mher NDC SKYLINE ASSOCIATES, LLC a Delaware limited liability company By l/I~l~-~-", Name C.u.r4is R _ OlSQh Its Presiderti~ INTEGRAL COMMUNITIES I, INC., a Delaware corporation By Name C_ Y~~ ain r In.t S-I'.~-~ Its ~Sj ~ Q.bl?I-' DOC SOC/ 1275524v 10/024579-0001 11 A-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date Here Insert Name and Title of the Officer ' personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here m2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 11 A-9 STATE OF CALIFORNIA ) ss. COUNTY OF Q!'Lr'~NCr~ ) On 7~ n e - ~a 2GOS~ before me, IYl r~-I -} ~ e~ ~j . ~h q ~j'y) q to ,Notary Public, personally appeared L u.r~i s fL. D ISo~'1 ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC DOCSOC/1275524v 10/024579-0001 MATTHEW B. KAUFMAN Z COMM. # 1677672 ~ ~ NOTARYPUBLIC-CALIFORNIA Z U' ORANGE COUNTY Fly Commission Exprces Juy 22, 2010 ,,, , 11A-10 STATE OF CALIFORNIA ) COUNTY OF p(r~ ~~ Pj j ss. On ~ ~ before me, ,Notary Public, personally geared ,who proved to me on the basis of satisfactory evidence to be the erson~j whose namesss'j i are subscribed to the within instrument and acknowled ed to me that~he/they executed the same i his er/their authorized capacity~f, and that b 's er/their signature~on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. / I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIG TU OF NOT Y PUBLIC DOCSOC/1275524v 10/024579-0001 11A-11 urmsev rve LINDSEY FIFE CaNNUbn # 1577G89 Commission # 1573489 ter' Notary Public -California Nofary RYNb - Calllgryc y~ Olorgg Cout~y Orange County MY ~unm. Explreelpr 26.2 My Comm. Expires Apr 26, 2009 EXHIBIT B PUBLIC ART PLAN The Public Art shall be designed, constructed and installed by the Owner. A Final Design Plan, with respect to the Element for which building permits are first issued (the "First Element"), shall be submitted to the City's Planning Commission within thirty (30) days prior to the issuance of a Final Certificate of Occupancy for the First Element; thereafter a Final Design Plan for each subsequent Element (combining Cinema Towers and the Condo/Office Project) shall be submitted to the City's Planning Commission within one hundred fifty (150) days prior to issuance of a Final Certificate of Occupancy for such subsequent Element (combining Cinema Towers and the Condo/Office Project). The Final Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more specific locations and/or application, and (ii) specify the timing of the installation of the Public Art which installation shall occur not later than the first (1st) anniversary date of the City's approval of the Final Design Plan for each respective Element, but in no event shall all required Public Art be installed later than ninety (90) days following the first utility release on the last Element to be constructed. Owner shall have committed, by written contract, to expend not less than One Hundred Twenty-Five Thousand Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of occupancy for each of the following (i) Lake Towers, (ii) Cinema Towers and/or the Condo/Office Project, (iii) Integral, and (iv) Retail Project, but in no event exceeding an aggregate of Five Hundred Thousand Dollars ($500,000). Skyline shall be responsible for the Public Art for Lake Towers and GP2 shall be responsible for the Public Art for all other Elements. 3. The Public Art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. 4. The Public Art should be constructed using durable materials and finishes including but not limited to stone or metal. 5. The Public Art should be comprised of a single or grouped permanent work(s) at a prime location visable to the public and sited to complement features such as plaza or architectural components so that the Public Art is an integral part of the development site. 6. No Public Art shall include advertising of any type, including but not limited to products, services or businesses. 7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public Art to one or more Owners' Association(s). B-1 DOCSOC/1275524v 10/024579-0001 11A-12 9. All Public Art shall remain on the Property and may not be removed without the approval of the Planning Commission. 10. Expenses not included in the Public Art Fee. i. Expenses to locate the artist(s) (e.g., airfare for artist interviews, etc.) ii. Architect and Landscape Architect fees incurred in connection with the Public Work(s) of Art. iii. Landscaping around Public Work(s) of Art that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the Public Art. vi. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings. B-2 DOCSOC/1275524v 10/024579-0001 11A-13 CONSENT OF LENDER The undersigned ("Beneficiary") holds the beneficial interest in that certain Deed of Trust recorded in the Office of the County Recorder of Orange on September 7, 2006 as Instrument No. 2006000598226 (as amended or modified, the "Indymac Deed of Trust"), which Indymac Deed of Trust encumbers all or a portion of the Property covered by the First Amendment to Development Agreement ("Amendment"). The undersigned hereby consents to the foregoing Amendment and agrees that the Amendment shall continue in full force and effect, even in the event of foreclosure or trustee's sale pursuant to such Indymac Deed of Trust, or any other acquisition of title by the undersigned, its successors or assigns, of all or any portion of the real property covered by such Indymac Deed of Trust. Dated: o STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. INDYMAC BANK, FSB By: Name: \ ~ Title: ~(.t 'Q t tS ~c~.cnt' On May 30, 2008 before me, Ofelia E. Tejada, Notary Public, personally appeared Anthony Huitrado who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/ate. subscribed to the within instrument and acknowledged to me that he/slkey executed the same in his/>}e~ieir authorized capacity(aes), and that by hisA~ir signature( on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature y+++~w~+~r~.~r f OFELIA E. TEJA[~A Commisalon # 17~t~1 '~ Notary Public - Ca11WrAlo loa Angelsa County Comm. 6 ~irea d 2011 r (Sea 11A-14 CONSENT OF LENDER The undersigned ("Beneficiary") holds the beneficial interest in that certain Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing recorded in the Office of the County Recorder of Orange on August 23, 2005 as Instrument No. 2005000664545 (as amended, the "BOA Deed of Trust"), which BOA Deed of Trust encumbers all or a portion of the Property covered by the First Amendment to Development Agreement ("Amendment"). The undersigned hereby consents to the foregoing Amendment and agrees that the Amendment shall continue in full force and effect, even in the event of foreclosure or trustee's sale pursuant to the BOA Deed of Trust, or any other acquisition of title by the undersigned, its successors or assigns, of all or any portion of the real property covered by the BOA Deed of Trust. Dated: ~ j2 08 BANK OF AMERICA, N.A. By: Name: -1'~~~: L • -~n2~1 Title: j~• Vr~ ~~~i~<r STATE OF CALIFORNIA ) ss. COUNTY OF _ QY'G~f'tGt ~ ) On ~GU1.G ~-~, ~ o ~ before me, ~ • ~ ~ rGt--. ,Notary Public, personally appeared ~t1n ~ L • 1't°G~ror~l , who proved to me on the basis of satisfactory evidence to be the person" whose names(s)' ~.a~e subscribed to the within instrument and acknowledged to me that•~ sl /t~iey-executed the same in l~is,~itheir authorized capacity(ies), and that by heir signature(afi on the instrument the person(,s•), or the entity upon behalf of which the person(~'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNA OF NOTARY PUBLIC J. Commisalor- #~ 1 ~bZis!'! Not4ry Public - Caltfornla ~ • ~ • Orange County "~"' '~":~crun.ExcY~~~Aug21.2011. ~M~~rl~~ri~~~~ tonNnbalon # 171~i60 Notary Public - CatlforMa Orange County AAyCarm E~iresAug21, 2011 11A-15 CONSENT OF LENDER The undersigned (as successor-in-interest to Fremont Investment & Loan, a California industrial bank, "Beneficiary") holds the beneficial interest in that certain Deed of Trust and Fixture Filing recorded in the Office of the County Recorder of Orange on June 20, 2006 as Instrument No. 2006000411437 (as amended, the "iStar Deed of Trust"), which iStar Deed of Trust encumbers all or a portion of the Property covered by the First Amendment to Development Agreement ("Amendment"). The undersigned hereby consents to the foregoing Amendment and agrees that the Amendment shall continue in full force and effect, even in the event of foreclosure or trustee's sale pursuant to the iStar Deed of Trust, or any other acquisition of title by the undersigned, its successors or assigns, of all or any portion of the real property covered by the iStar Deed of Trust. Dated: ~o r' q / ~ g ISTAR FM LOANS LLC ,~ j~,w- sy: Name: RAC G~i~~'i~~t~r/ Title: Vt~ /~,e~,SidB~rr STATE OF CALIFORNIA ) ss. COUNTY OF ) On ~~,,,z ~~~~ before me, (here insert name and title of the officer), personally appeared 2; ~.,~, ~, t(Q,~ -- -> who proved to me on the basis of satisfactory evidence to be the person(~vhose names} is/axe subscribed to the within instrument and acknowledged to me that he/sla~key executed the same in his/lrerftkeir authorized capacity(ags), and that by his~ir signatures-) on the instrument the persons), or the entity upon behalf of which the person(-}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DWAINE ZEE ZANDER~S Commission # 1695394 i <~ Z ~ , ey9 Notary Public - California . ~ M Orange County nny Comm. Expires Cct 3, 2010 (Seal) 11A-16 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting April 22, 2008 CALL TO ORDER The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides and Sal Tinajero; Staff present: City Manager Dave Ream, Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Police Deputy Chief Tony Harrelson, Fire Marshal Lori Smith, Fire Captain Steve Horner, Asst to City Manager Mark Lawrence, PRCS Administrative Services Manager Ron Ono, Public Works Project Specialist Dave Urbin, and Recording Secretary Janet Chop. Public present: Rick Wiedermeyer, David Guccione, Thomas Gordon, Sandra Viera, Doug Irving, and Julie Stroud. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the March 24, 2008 meeting. 2. FIREWORKS, JULY 2008 Fire Marshal Smith reviewed suggestions and thoughts that had been received from the March 2008 Com Link Meeting. Member Benavides felt it was helpful to hear their ideas and fears regarding fireworks. Marshal Smith reviewed the history of fireworks and how the ordinance has changed over the years to control hours of sales, placement of stands, and overall challenges associated with fireworks. After this year, the education and enforcement aspects will be analyzed to see how effective they have been in controlling illegal fireworks. She was asked to provide statistics of what has changed over the years in regard to enforcement. She also spoke regarding the amount spent on Police and Fire Department enforcement of illegal fireworks. Ron Ono discussed the issues of having fireworks in the City parks and fall out of a fireworks presentation in Centennial Park. He also stated that Portola Park was closed off entirely to prevent fireworks being shot off in the park. Member Benavides suggested finding alternative locations for fireworks displays and Marshal Smith will look into using other schools. Member Tinajero agreed that we need to take a look at all the issues provided by Mr. Ono. Committee members requested that Portola Park be closed again this July 4th at 5:00 pm. Dave Urbin spoke about the impact fireworks has on Street Maintenance and that it takes two weeks to clean the City streets and city parking lots of debris from fireworks. Member Alvarez requested that Public Works keep track of the parking lots that need the most clean up work. 13D-1 2 Mr. Wiedermeyer was asked to review the retail sales and expenses involved in his fireworks stand. After much discussion, a motion was made, seconded and carried that an amended Municipal Code Ordinance be forwarded to the City Council that would allow the fireworks booths to open one hour earlier than currently allowed on July 2, 3 and 4. They would still be required to close at 8:00 PM on July 4. 3. 2007 CRIME RATE STATISTICS Chief Walters reviewed 2007 crime rate statistics information and crime trends. He said that the City continues to show an overall decrease in Part One crime. He also reviewed the three homicides from the previous weekend. Member Benavides asked that he provide a comparison of Santa Ana to other California cities with similar demographics in regard to homicides. 4. TOP TEN PROBLEM LOCATIONS Deputy Chief Harrelson reviewed each of the ten locations considered to be of specific interest. The statistics covered the timeframe of January 1 through March 20, 2008. He further stated that two interagency taskforces consisting of a number of city departments and outside agencies are working together to solve a variety of problems on Townsend Street and in Bishop Manor. Member Benavides would like budget consideration to support the taskforces working on these problem areas. 5. PUBLIC COMMENTS Julie Stroud spoke regarding the graffiti offenders in the Sandpointe neighborhood. 6. COMMITTEE MEMBER COMMENTS Member Alvarez congratulated the SAPD Running Team on their outstanding accomplishment in the recent Baker to Vegas Relay Race. 7. ITEMS FOR NEXT MEETING A. Fireworks Discussion B. Top Fifteen Problem Locations C. Impact of Governor's Program to Release Parolees Early D. How Guns Are Addressed in Santa Ana E. How Many 2008 homicides Are Gun Related F. Homicide Comparison to Other California Cities 8. NEXT MEETING DATE: Tuesday, May 27, 2008, 5:30 PM, Santa Ana Police Facility, 60 Civic Center Plaza, 4~' floor conference room, Santa Ana, California. URNMENT: 7:45 PM PA L M. WALTERS Chief of Police jc 13D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS .~% - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 19C-2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Hennegen Date: May 30, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council request your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resoultion 2006-045. Thank you. 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES PAYROLL Attendance Reports Daily attendance postings 1997 and prior Check Registers Pay period employee earnings and deductions 1997 and prior W2's and EE Earning Self-explanatory 2002 and Report prior Retirement CaIPERS Salary, gross, contribution reports 1997 and prior Quarterly Reports State quarter earnings and tax reports 1997 and rior Leave of Absence Authorizing absence forms (for Finance Dept only) 2005 and prior Exception Sheets Labor expenditure charges to applicable Fund/Activity 2004 and other than home account prior PREPARED BY: S aron Hennegen Date Administrative Services Manager Payroll Division RECORDS DESTROYED: Number of Boxes CONSENT BY: Francisco Gutierrez Date Executive Director of Finance APPROVED BY: i~^ ~, ~,d'oseph Fletcher r-~- D~ City Attorney ~~ 19C-4 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: June 11, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~~~ ~~~ ~~ 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ June 2005 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilitiesfer June 2005 and prior Certification nmr~l^~~eo~ ~^~^~~~~^^ hi!i^^~~^~ ^^~~ "'f .N..,~.,.,., ,.,.,~,.,,.y .yuu~ pz,y--a.,~, or Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at June 2005 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by June 2005 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of June 2005 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only- original signed eligible lists are with recruitment file folder (according to classification title))."`* See attached spreadsheet, dated June 11, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: O~ ~~~ ~ Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: nriqu J. a Da e Exec ive it or Pers nel ervices Department APPROVED BY: ~,.~ ~ ' G~ i3~ Joseph Fletcher -~ Date City Attorney 19C-6 M - C :._. .~ J N O N U c O U O U N ~' O M O 0 N r r N C O C U tB Q O O w ~ ~ ~ p ~ U7 .-. L ~ ~ ~ ~ Y ~ ~ p> - O O O O O O O O ~ O 0 0 0 ~ 0 0 0 1 ~ 11 ~' ~ O ~' ~ O , O , O M +-- += O O N +~ ti ~ O O CO •- X ~ . +-~ r - N N O N Q O Q M r > ~ O m 0 > O r r O r N W r ,',., W CO O D lC7 O CO O In O I.f) Z CO Z (9 In , , O (D i CO M r O (Q CO Q CO (~ ~ O O O O Q Q Z ~ O Q O O r Z O O 0 O J Q Z Z Q Q Z Q Z Z Z Z Z ~ U7 tf') In LC') I.C) ~ ~ lf') In lf) lf~ ~ In In U7 ~ ~ ~ M M In ~' lf') N Lf) ~ N 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 0 0 0 0 0 0 ~ to M O O lt) N r O M r LI') r p7 ~ lf) r O O N ~ N ~ N ~ O ~ r ~ i~ ~ r ~, r ~ O (~ O O r N O ~ N ~ r ~ M M N ~ O CO M M N ~ r- ~ O I~ O lC) N M r N M N r r N O ~ O lC') N d' M ~ r ~ r O O O O O O O O O O O O O O O O r r r O 0 0 0 0 0 N r CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CB O lC) M N M r f~ (D I~ CO I~ V' ~ 00 ~ M N lf) Op CO CO O M CO I~ lf') Q N r O r N O O N ~- N ~- r N r O N N 0 0 0 M r N N N ~ r ~ ~ M M V ~ M ~ M CO M N ~- r 0 00 ~ ~ M N ~I' r ~ O O O O O O O O O O O O O O O r r O 0 0 0 0 0 r 0 ~_ w C O .C N Q- ~ C ~ O ~ (~ L ~ ~. _ O C ~ Q ~ ~ ~ ~ ' ~ N Cn U ~ ~ Z m °' °~ ~ ~ ~ ~ ~ ~ ~U O O .~ O w. N ~. O .-, O ~ N w. _ X W ~,, "~ ~ ~ ~ O Q Q ~ (II (6 (~ (II (II C6 m ~.. ~ ~ cc ~ . _ .. ~ ~ ~ ~ ~ ~ L L +-~ L ~ N L L L L L L L C U ~ ~i U ~ U Q Q Q Q rr nn V // 1 ~~ V ,, nn V // ~~ V // ~~ V // ~~ V C (~ ~ (~ O ~ '~ • - (n U~ m U ~ C U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (Q O L O ~ (~ Z `~ ~ O O ~ "O 'D N " O " O " N O " O cB L _ CQ L O Q O Ql .}. ~--~ ~ U ~ ~ C tU C C6 O O O ~ O ~ ~ O , O ~ ~ ~ ~ ~ Q ~ ~ U U U U U U ~ ~ (n _ ~ ~ ,(II U O c O_ ~, Q U L O N Q Q Q Q Q Q J J ~ m O U ~ ~ ~ ~ ~_ ~ w. ~ X ~ ~ ~ L L L L L L L L L ~ ~ ~ Q O ~ ~ ' ~ ~ > ' - -Q C Y W (n U N " N U O U O U N U N U N U O U N U N U ~ L ~ ~ (n ~,, ~ _ ~ Q N L _ _ ~ Q _ y _ _ _ _ _ _ _ U U Q~ CO ~ +J ~ ~ ~ ~ ~ ~/ ~ .. 4-- y ~ 4- ~ y ~ Y-- y ~ `F- ~ y ~ V- y ~ Y- a~ `H ~ ~ ~ o U c ~ ~ C„ c N ~ ~ C W W O O O O O O O O O ~ y L L / y ~ L N ~ j f-- w '~ ~~ ~ ~= O O N O N N O O O O N N O . N LL N (~ ~ p O M ~ ~ O O O ~ ~ O N O O O O O O O O O O O O O O N ~ O N U Q LL I..L 2 J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (n (n > > C ~ O O ~ ~ L O O ~ Q ~ ' Q Q ~ N C L O ~ ^ N w=' .O ~ ~ O ~ ~ tf) ~ .= ~ ~ ~ ~ ~ ~' u") ~ ~ u") ~ ~' N N ~ d' ~ M tf') m ~ 0 ~ 0 0 0 0 O O O O O O O O O O O O O O O O O O O F- Q O m Z M O f- L L V ~ ~ (p N ~ E O N f~ Cp In N E O N 07 Cf~ 1` CO O O ~ N . 00 O CO CO 07 f` 00 CO (D f~- CO lC) d' M O 07 07 f~ ~t 00 M O 19C-7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2nos PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated June FORMS forms** 2003 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated June Spending, program** 2003 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated June 2003 and riot Long-Term Employee Long-Term Disability Insurance EE Separated June Disability enrollment forms** 2003 and prior Insurance Medical Employee medical insurance enrollment EE Separated June Insurance forms** 2003 and prior EQUAL Employment and Personnel and employment records, EE Separated June EMPLOYMENT personnel including application forms*, records 2003 and prior OPPORTUNITY records pertaining to promotions*, layoffs*, COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee* EE Separated June termination 2003 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated June PERSONNEL Reassignment reassignment forms which document and 2003 and prior FILES Forms authorize hiring, reassignment, or other employee actions* Certificates of Certificates issued to EE which show EE Separated June Training completion date of training class(es).* 2003 and prior Commendation Letters of commendation and/or other EE Separated June Letters congratulatory documents received by and/or 2003 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated June Actions proposed and/or implemented disciplinary 2003 and prior action(s)* Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated June Medical regarding employee's medical condition.** 2003 and prior Releases Drug Screen Pre-placement and drug screening EE Separated June Test authorization and acknowledgement form(s) 2003 and prior and results of drug screening.** 19C-8 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated June PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2003 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated June any) for hired employees.* 2003 and prior Medical Leave of Leave of Absence forms used in the EE Separated June Absences** documentation of medical leave (including 2003 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated June Documents kept in official personnel file *** 2003 and prior Notice of Form completed by employee and/or EE Separated June Separation department indicating effective date of 2003 and prior separation, last day on the job, reason for separation, etc.* Oath of Office Form completed and signed by employee EE Separated June affirming allegiance to the Constitution of the 2003 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated June Employment employee to be engaged in outside 2003 and prior employment.* Performance Employee performance evaluation forms EE Separated June Evaluations completed by supervisory personnel re 2003 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated June Enrollment Employees' Retirement System (PERS)** 2003 and prior Pre-Employment Forms completed by employee and medical EE Separated June Medical clinic to assess physical capability of 2003 and prior employee prior to hiring.** Security Check Form completed by Personnel Svcs to EE Separated June Form request Police Dept to conduct security 2003 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated June DMV, accredited schools, etc., verifying 2003 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated June Reimbursement educational assistance which show EE 2003 and prior Request request, department head approval, and final disposition of request.* 19C-9 PERSONNEL SERVICES DEPARTMEN T RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated June PERSONNEL Donation Form hours be donated to the Union Business 2003 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated June Certificate completed by EE authorizing 2003 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.*" Please see attached spreadsheet, dated June 11, 2008, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. CONSENT BY: I ,~ ~ / Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes l/ nri . AI ate Ex c i e ~ ector P on Services Department APPROVED BY: ii , .~~ `~, , ~ , l% ~ t 2- ~ ~ ~ Joseph Ffetch Date City Attorney 19C-10 .r b1J 'J s U U y 0 0 N c cJC ~ ~ ~ ~ ~ ~ _ ~-' c . ~ c a- a '~ ~ `' ~ = ~ ~ a~i • fl.. ~ u • ~ o. ~ v, O O '_ ~- O • G .-~ O « U CG ~ 4- ~ O .-.+ C •..-+ ` ` N Cis O '~ C '~, ~ O '~.. ~ C '+,:~ O O '~ ~ C C O O •~-.+ cd N CL~ ~ c ca ~ +=, cQ S y c i-. .. 4 ro ~ c '-~, '-~-, c U cC r+ cd '"F. c ca ., 4 ccS c~ cd ~ <+ ',.. c~:' cd ~n f ^IJ bA =_ _~ bf) bA • V ~ ~ 0 Cp C!J ~ ~ U bJJ ~ b1) ~ b~ D 0 bA b=A bQ ~ ~ ~ ~ ~ . - U ~ CC (n V] ~ Li. 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N F--' ...j Cn E'-' F--' 19C-12 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 25, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-13 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1, 2006 and prior Correspondence/ June 1, 2006 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor June 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1, 2006 and prior Correspondence General Correspondence Self-explanatory June 1, 2006 and prior Staff Inquiries processed for Staff June 1, 2006 and prior Monthly Status City Manager Self-explanatory June 1, 2006 Reports and prior Payroll Records Council/Staff Self-explanatory June 1, 2006 and prior APPROVE: i ~ ~ ? ~/a David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: J seph W tcher Date City Attor~ AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 07, 2008 TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency Executive Director annually renders to the City Council a Statement of Investment Policy. The purpose of the policy is to provide for the prudent investment of idle funds. The criteria for selecting investments and the order of priority are safety, liquidity, and yield. The investment policy applies to all financial assets of the City. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19D-1 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008/2009 INTRODUCTION: This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury Manager only. The investment policy applies to all financial assets of the city and are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy and the Investment Portfolio Guidelines. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. 19D-2 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 OBJECTIVES: 1. SAFETY OF PRINCIPAL - Safety of objective of the City of Santa Ana. shall be undertaken in a manner that of capital in the overall portfolio. mitigate credit risk and interest rate A. Credit Risk principal is the foremost Each investment transaction seeks to ensure preservation The objective will be to risk. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: - Limiting investments to the safest types of securities; - Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which an entity will do business; and - Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: - Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and - By investing operating funds primarily in shorter-term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD - The City's Fund shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not ~~ ~_]~1 prior to maturity with the CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market-average rate of return is defined as the average return on three-month U.S. Treasury Bills. The City strives to maintain one hundred percent (1000) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS: The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 53600, 16429.1 and 53684 et seq. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GNMP, (Government National 19D-4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there is no percentage limitation on these issues, the "prudent investor" rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of banker's acceptances may not exceed one hundred, eighty (180) days or forty percent (40%) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30%) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Inc. (Moody's), Standard and Poor's (S&P) or Fitch Financial Services, Inc. (Fitch). The corporation that issues the commercial paper shall be organized and operating within the United States, shall have total assets in excess of five-hundred, million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated "A" or higher by Moody's or S&P or Fitch. Eligible commercial paper shall have a maximum maturity of two-hundred seventy (270) days or less. The City may purchase no more than ten percent (10%) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty-five percent (25%) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by a state-licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30%) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall 19D-5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. F. Repurchase Agreements. For purposes of this section, the term "repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be valued daily by the tri-party custodial agent. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or thirty percent (30%) of the cost value of the Fund. G. Local Agency Investment Fund - State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor" rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (150) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5%) of the cost value of the Fund. I. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: 19D-6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three following: Moody's, S&P or Fitch, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience managing money market funds with assets under management in excess of five-hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. In accordance with Section 53631.5 of the Government Code, the City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City's portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest-bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one- hundred, ten percent (1100) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one-hundred, fifty percent (150%) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first one-hundred, thousand dollars ($100,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $100,000 because we receive a higher interest rate. 19D-7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one-hundred, twenty (120) days of the Institution's fiscal year-end. SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non-investment employees and reconfirmed by the City's accounting staff. In addition, the City's 19D-8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2008-2009 accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City's ability to meet its pool's expenditure requirements for the next six months. POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. Francisco Gutierrez Executive Director Finance & Management Services Agency 19D-9 Iss: 6/18/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSIDERING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The California Government Code, §53646, requires each city to have a written statement of investment policy to govern investment of the city's monies. B. Pursuant to §53646, the city treasurer shall annually submit a statement of investment policy to the city council for its consideration at a regular meeting. C. The City Treasurer shall submit quarterly reports to the city council stating that all investments in the preceding quarter have been made in conformance with the City's investment policy. D. The City Treasurer has submitted the attached Statement of Investment Policy to this Council at its regular meeting of July 7, 2008, for its consideration. Section 2. The City Council of the City of Santa Ana has duly considered and approves the City's statement of investment policy submitted by the City Treasurer. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 19D-10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of Council City of Santa Ana 19D-11 19D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE FY 2001 HUD APPROPRIATIONS ACT ECONOMIC DEVELOPMENT INITIATIVE - SPECIAL PROJECT GRANT FUNDING AND CONTRACT AMENDMENTS C MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ {mplementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing anticipated revenues from the Economic Development Initiative (EDI) - Special Project Grant funds in the amount of $249,500 and appropriating the same to establish high-technology computer centers at the W/0/R/K Center/One Stop Career Center and the Santa Ana Police Athletic and Activity League. 2. Amend the contract with KCK Construction Co, for general contracting services at the McFadden Learning Center and the W/0/R/K Center as part of the EDI grant by $39,500 for an annual amount not to exceed $135,500. 3. Amend the contract with Williams & Maher for electrical services including wiring and cabling to accommodate the installation of computers and projectors at both the McFadden Learning Center and the W/0/R/K Center as part of the EDI grant by $35,000 for an annual amount not to exceed $$395,000. 4. Amend the contract with JJJ Floor Covering for floor covering and ceiling tiles at both the McFadden Learning Center and the W/0/R/K Center as part of the EDI grant by $30,000 for an annual amount not to exceed $55,000. 5. Amend the contract with Chandlers for HVAC work at the W/0/R/K Center by $20,000 for an annual amount not to exceed $170,000. 6. Authorize the City Manager and the Clerk of the Council to purchase computers, software and accessories through the Western States Contracting Alliance as part of the EDI grant in the amount of $90,000. 20A-1 AA and Contract Amendments July 7, 2008 Page 2 7. Authorize the City Manager and the Clerk of the Council to execute the attached third amendment to the agreement with ACCO Engineered Systems, Inc. in the amount of $20, 000 to provide HVAC work at the McFadden learning center, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana has received a congressional grant awarded through the FY 2001 U. S. Department of Housing and Urban Development (HUD) Appropriations Act in the amount of $249,500 to establish dual high- technology centers at the City's W/0/R/K Center/One Stop Career Center and the Santa Ana Police Athletic and Activity League (SAPAAL) after- school facility. Both of these programs will invest in the future of Santa Ana by providing educational services for our youth and young adults. The grant requires that all funds be disbursed prior to September 26, 2008. The W/0/R/K Center currently serves approximately 6,000 job seekers on a yearly basis, many of whom lack computer literacy. Grant funds will be used to design and make improvements to the existing computer lab, to install computer access lines and electrical outlets, cabling, carpet, and high technology equipment. The high-technology center will provide a computer lab with special computer tutorial classes, one-on-one tutoring, as well as small group computer classes for various competency levels. The targeted group will include youth 14-21 years of age who are both in and out of school, adults, and dislocated workers who are in need of basic and advanced computer training. The lab will also provide workshops on Internet job search and how to post resumes in an effort to provide high quality employees to businesses within the community which will serve and encourage economic growth. The SAPAAL is a crime prevention program that employs educational, athletic, and recreational activities to create trust and understanding between youth and law enforcement. The high-technology education center will use the grant funds to make improvements to the existing facility and to establish twenty-five computer stations for tutoring and computer training. The Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi-State Cooperative Agreements for Commodities, IT Goods & 20A-2 AA and Contract Amendments July 7, 2008 Page 3 Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. Authorized desktop computer manufacturers include Dell Computer Corporation, Gateway Companies, Inc., Hewlett Packard and MPC-G. The City establishes an annl that provide supplies and throughout the year. In recommends increasing the service, floor covering and amounts: zal blanket order list consisting of vendors services that are required by agencies order to facilitate construction, staff existing general contracting, electrical air conditioning contracts in the following VENDOR TRADE INCREASE BY ANNUAL TOTAL KCK Construction Co. General Contracting $39,500 $135,500 Williams & Maher Electrical Service $35,000 $395,000 JJJ Floor Covering Floor Covering $30,000 $ 55,000 Chandlers HVAC Work $20,000 $170,000 ACCO Engineered Systems, Inc. Air Conditioning $20,000 $185,000 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Economic Development Initiative Special Project Grant fund (account no. 141-152-various.) APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. Edwards Francisco Gutierrez ~^~~' Acting E ecutive Director Executive Director Community Development Agency Finance & Management Services Agency NTE/TE/mlr 070708 AA EDI-SpProjGrantFUnding 20A-3 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between ACCO Engineered Systems, Inc., a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement #A2007-129, dated June 4, 2007, (hereinafter "said Agreement") by which Contractor has provided maintenance and repair of heating and ventilation systems in City facilities. Said Agreement was amended on June 2, 2008 to extend the term and clarify the compensation. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase the compensation and add additional funds for HVAC work to be performed at the WORK Center. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., Compensation, shall be increased by an additional $20,000, with full compensation under said Agreement not to exceed $185,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. BY~ (NAME) Lisa Storck, Asst. City Attorney (Title) 20A-4 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE PROJECT SAFE NEIGHBORHOODS GRANT FUNDING FOR THE SANTA ANA POLICE ATHLETIC ACTIVITIES LEAGUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment recognizing $17,352 from the Office of Emergency Services Project Safe Neighborhoods Grant funds in revenue account (no. 155-01-5371) and appropriate same into the FY 2008 Santa Ana Police Athletic Activities League, Project Safe Neighborhoods Grant expenditure accounts (155-364-various). 2. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the Office of Emergency Services (OES). DISCUSSION The California Office of Emergency Services has awarded the Police Department a Project Safe Neighborhoods Grant in the amount of $17,352 for the Santa Ana's Police Athletic Activities League (SAPAAL) SAPAAL is a crime prevention program that is staffed by employees and volunteers that provides educational, athletic, and recreational activities to create trust and understanding between youths and law enforcement. The programs are geared towards combating gang violence, encouraging youth to resist the temptation of joining criminal street gangs, and supporting academic achievement. The grant funds will help further develop the Community Drop- In Center and tutoring programs. In addition, funds will facilitate the purchase of sports equipment, educational and office supplies, as well as games and prizes. 20B-1 .` i SAPAAL Project Safe Grant July 7, 2008 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase the OES - Project Safe Neighborhoods revenue account (no. 155-01-5371) by $17,352, and appropriate same into the OES Project Safe Neighborhoods, expenditure accounts (no. 155-364-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez ecutive Director Finance & Mgmt. Services Agency 20B-2 Iss:06/18/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE OFFICE OF EMERGENCY SERVICES FOR THE PROJECT SAFE NEIGHBORHOODS PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Emergency Services has awarded to the Santa Ana Police Department, grant funds in the amount of $17,352.00, for the Project Safe Neighborhoods Project. B. This funding will be used to reduce gang violence by enhancing the services provided through the Santa Ana Police Activities and Athletic League, including providing funds fora "Community Drop-In-Center" to provide students with a safe haven, including tutoring and mentoring by local college students and police officers. The funds will facilitate the purchase of sports equipment, educational and office supplies, games and prizes. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designees to execute the grant award agreement with the Office of Emergency Services. Section 3. The City Council of the City of Santa Ana hereby appoints the Chief of Police, or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments and payment requests which may be necessary for the completion of the aforementioned grant. 20B-3 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED S TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 20B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AMENDMENT AND RENEWAL FOR WEEKEND AND HOLIDAY GRAFFITI REMOVAL (SPEC. NO. 04-132) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend the contract with Graffiti Protective Coatings, Inc., for weekend and holiday graffiti removal by $50,000 for an annual amount not to exceed $150,000. 2. Renew the contract with Graffiti Protective Coatings, Inc., for weekend and holiday graffiti removal for a one-year period, in an annual amount not to exceed $200,000. DISCUSSION The Public Works Agency's Maintenance Division is responsible for citywide graffiti removal. Graffiti abatement is performed by City staff Monday through Friday and more cost-effectively by a contractor during weekends and holidays. Last year, the contractor removed 550,263 square feet of graffiti during 12,667 stops made by the weekend and holiday graffiti abatement crews. Graffiti is removed in 24 hours or less, based on requests received from City staff and from residents through the City's graffiti hot-line telephone number. The Graffiti Task Force has recognized color matching as one of the top priorities in their 2008 Action Plan. The plan will provide the community with enhanced graffiti removal services in major corridors and business districts. The amendment will allow the vendor to provide color matching services five days a week. On November 15, 2004, the City Council awarded a contract to Graffiti Protective Coatings, Inc. for a one-year period, with provision for four, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. 22A-1 Contract Amendment July 7, 2008 Page 2 FISCAL IMPACT and Renewal for Graffiti Removal Funds in the amount of $50,000 to provide the increase in service for the current contract are available in fiscal year 2008-2009 Environmental Sanitation Fund (no. 68-634-6291). Funds in the amount of $150,000 are budgeted in FY 2008-09 and the final $50,000 increase will be budgeted in FY 2009-2010. APPROVED AS TO FUNDS AND ACCOUNTS: ~~RS`~S ~r s~ 's, ~~ James Ros ~ Francisco Gutierrez Executive Dire or Executive Director Public Works Agency Finance & Mgmt. Services Agency JGR/WO/04-132.R4.9: 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR ASPHALT CONCRETE MATERIALS (SPEC. NO. 05-066) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vulcan Materials Co. for asphalt concrete materials for a one-year period in an annual amount not to exceed $90,000. DISCUSSION The Public Works Agency performs a variety of maintenance and repairs on the City's water and sewer systems. Tasks include mainline leak repairs to the city's 450-mile water main system, repairs and/or replacements of the 47,000 water services, and repairs and/or replacements of the estimated 44,000 sewer laterals. As such, trench cuts are required in order to perform these repairs. The Water Resources Division requires temporary asphalt concrete mix to perform trench repairs in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Maintenance Services Division. On July 18, 2005, the City Council awarded a contract to Vulcan Materials Co., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a 21 percent increase due to the rising costs of petroleum-based products. In addition, Vulcan Materials Co. can only offer fixed contract pricing for six months. Following the initial six months of the contract, the vendor is requesting an additional $2.00 increase on all contract items. Staff verified that the price increase is consistent with the market and that Vulcan continues to offer the best price to the City. The vendor has performed satisfactorily during the past contract period, and staff recommends the final renewal of the contract. 22B-1 Contract Renewal for Asphalt Concrete Materials July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental accounts (object code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. ~~~~~~~ ~t~~ _~ ~cFrancisco Gutierrez Executive Director Finance & Management Services Agency FG/WO/05-066.R3.2: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR LANDSCAPING AND HAND TOOLS (SPEC. NO. 05-071) ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Shamrock Supply Company, Inc., for landscaping and hand tools for a one-year period in an annual amount not to exceed $40,000. DISCUSSION In order to perform general maintenance, various City departments require an assortment of tools such as saws, hammers, screwdrivers, shovels, and rakes. The items are purchased through the Central Stores warehouse for distribution to the various departments. The contracts for landscaping and hand tools are designed to provide quality products at significant savings based on quantity pricing. In addition, the City also establishes contracts for miscellaneous landscaping and hand tool purchases with local suppliers for items that are not available from Central Stores. On July 5, 2005 the City Council awarded a contract to Shamrock Supply Company, Inc. for a two-year period with provision for two, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested minimal price increases on selected contract items due to the rising costs of fuel and raw materials. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive pricing. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391) Francisco Gutierrez Executive Director Finance & Management Services Agency FG/WO/05-071.R2.2: ~ ~ ~_~ 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR INMATE GARMENTS AND SHOES (SPEC. NO. 06-090) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Bob Barker, formerly Leslee Scott, Inc., for the purchase of inmate garments and shoes for a one-year period in an amount not to exceed $28,015. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility, which houses inmates during the arraignment and hearing process. The Board of Corrections guidelines mandate that all inmates must be supplied with clean garments and footwear. Inmates may use their own undergarments, or purchase them through the commissary. Colored undergarments are provided to inmates who do not have their own undergarments and are unable to purchase them through the commissary. The contract is designed to facilitate daily operations by providing undergarments and shoes on an as needed basis at a significant cost savings based on quantity pricing. On August 21, 2006, the City Council awarded a contract to Bob Barker, formerly Leslee Scott, Inc., for a two-year period, with provision for three one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Police Detention Services account (no. 11-349- 6391) . APPROVED AS TO FUNDS AND ACCOUNTS: nCV ~ ~'~ r t ~~ i~a ~ Paul M. Walters h~ Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency 22D-1 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWALS FOR ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR (SPEC. NOS. 06-101 AND 06-103) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Renew the contract with Hardy and Harper, Inc., for asphalt pothole repairs for a one-year period in the annual amount not to exceed $550,000. 2. Renew the contract with Hardy and Harper, Inc., for asphalt street maintenance for a one-year period in the annual amount not to exceed $1,780,530. DISCUSSION The Public Works Agency's Street Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. In order to do so, annual asphalt street maintenance and pothole repairs are required. Over the past several years, the City has realized good response and service from the contractor as well as flexibility of service levels. As needs change, the contractor has the ability to increase or decrease resources without affecting City staff or other programs. Through this contract the City's roadway maintenance budget has seen a reduction of 18 percent in unit costs for work performed. Staff that was previously assigned to roadway maintenance has been reassigned to other maintenance programs such as graffiti removal, trees and roadway cleaning. Services provided under the asphalt street maintenance contract include the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, construction of asphalt concrete pavement, and crack sealing. In addition, the contract provides for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. 22E-1 Contract Renewals for Asphalt Street Maintenance July 7, 2008 Page 2 Services provided under the asphalt street maintenance contract include the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, construction of asphalt concrete pavement, and crack sealing. In addition, the contract provides for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. Services provided under the pothole repair contract include the repair of all potholes and the repair of all damaged pavement areas not exceeding 50 sq. ft. in area with asphalt overlay. Since August 2006, over 1,500 tons of asphalt concrete has been used to fill approximately 52,000 potholes and small damaged pavement areas. Hardy & Harper, Inc. has responded in a timely manner with all requests for pothole repair, trench repair and street overlays. On August 7, 2006, the City Council awarded contracts to Hardy and Harper, Inc., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals for asphalt street maintenance and pothole repair. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contracts without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Road Maintenance, the Sanitary Sewer Service, Water Utility Water System Maintenance, and the Roadway Maintenance accounts (nos. 11-631-6291, 056-575-6291, 064-575-6291 and 29- 631-6291). APPROVED AS TO FUNDS & ACCOUNTS: Jame, G. os Executive D' ector Public Works Agency JGR/WO/06-lOl.R2.9 & 06-103.R2.9: ykFrancisco Gutierrez Executive Director Finance and Mgmt. Services Agency 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR SIDEWALK MAINTENANCE (SPEC. NO. 06-102) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Channel Islands Sawing for sidewalk maintenance for a one-year period in the annual amount not to exceed $75,000. DISCUSSION The Public Works Agency's (PWA) Maintenance Services Division is responsible for maintaining the sidewalks of Santa Ana. PWA evaluates the condition of the sidewalks, and identifies uneven surfaces, cracks and holes that need repairing. Once identified, the repair work is contracted. Offset grinding is the preferred method to repair uneven surfaces caused by underlying tree roots that raise sidewalk areas, resulting in risks to pedestrian traffic. During the previous contract term, 2,500 sidewalk areas were repaired using offset grinding. A separate contract is used to repair cracks and holes in sidewalks. On August 7, 2006, the City Council awarded a contract to Channel Islands Sawing for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the proposed fiscal year 2008-2009 Public Works Road Maintenance account (no. 11-631-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~9r James G~.' Rosh/ IJ Executive Director Public Works Agency ~~~C'n~ ~AE~ a ~~~a~ (Francisco Gutierrez •~ Executive Director Finance & Mgmt. Services Agency JGR/WO/06-102.R2.9: ~ ~ F ~~ 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWALS FOR MULTI-JET AND TURBINE WATER METERS (SPEC. NOS. 07-014 AND 07-047) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Renew the contract with Aqua-Metric Sales Co. for multi-jet water meters for a one-year period in the annual amount not to exceed $84,173. 2. Renew the contract with Performance Meter, Inc., for turbine water meters for a one-year period in the annual amount not to exceed $32,314. DISCUSSION The Public Works Agency regularly performs installation, maintenance, and replacement of residential and commercial water meters. The three types of meters used by the City are positive displacement, multi-jet and turbine meters. Positive displacement meters are used primarily for residential applications. Multi-jet meters are used for multi-family residential, irrigation, and commercial applications. Turbine meters are used for high volume water users, including industrial, commercial, irrigation, and multi-family residential applications. There are approximately 45,000 metered service locations in the City of Santa Ana. The meters are purchased through the Central Stores warehouse for distribution to the Public Works Agency as needed. Typically, a water meter is replaced every 12-15 years. In March 2008, the Council approved the contract renewal for positive displacement meters. This action is for contracts for the remaining two types of meters. The annual amounts are based upon past usage and staff's projection for the next year. Meters are ordered on an as-needed basis. Approximately 900 multi-jet and turbine water meters were replaced during the previous contract term. 22G-1 Contract Renewals for Multi-Jet and Turbine Water Meters July 7, 2008 Page 2 On June 4, 2007 the City Council awarded contracts to Aqua-Metric Sales Co. and Performance Meter Inc., for a one-year period with provision for one, one-year renewal. The vendors have agreed to renew the contract; Performance Meter has agreed to renew the contract without an increase in pricing however, Aqua-Metric Sales Co. has requested a 4 percent price increase due to the rising cost of raw materials. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price. The vendors have performed satisfactorily during the past contract period, and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Water Utility Water Quality & Measurement Operating Materials & Supplies account (no. 64-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: James '. Ro s Executive Dir ctor Public Works Agency JGR/WO/07-014.R1.9 & 07-047.R1.9: }.Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR ANIMAL FOOD (SPEC. NO. 07-058) ~171~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Midway City Feed Company for animal food for a one- year period in an annual amount not to exceed $31,200. DISCUSSION The Santa Ana Zoo at Prentice Park houses 232 animals in its collection. Each of the 74 different species has special dietary needs. Animal food required includes alfalfa, bale mix, bird food, monkey food, and additional items for the various animals. The contract for animal food is designed to provide quality products at significant savings based on quantity pricing. On July 16, 2007, the City Council awarded a contract to Midway City Feed Company for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested an eight percent increase due to rising transportation costs. Staff verified that the increase is consistent with the market and the vendor continues to offer competitive pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Santa Ana Zoo Fund (no. 11-247-6392). Gerardo~Mouet Executi e Director Parks, Rec. & Comm. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~cFrancisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency GM/WO/07- 058 . R1 . 8 : 22LJ~1 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR TRAFFIC SIGNS AND RELATED HARDWARE (SPEC. NO. 07-064) G~------___.._.~' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Zumar Industries, Inc., for traffic signs and related hardware for a one-year period in an annual amount not to exceed $93,225. DISCUSSION The Public Works Agency (PWA) maintains a wide array of traffic and street name signs throughout the City. In Fiscal Years 2006-2007 and 2007-2008, 2,750 signs were replaced or repaired, requiring the installation of various sized posts and mounting hardware. The materials necessary for ongoing sign maintenance operations are purchased through the Central Stores warehouse for distribution to the PWA. On August 6, 2007, the City Council awarded a contract to Zumar Industries, Inc., for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Stores Inventory account (no. 75-01-1131) and will be recovered by charging back to the Public Works operating budgets. APPROVED AS TO FUNDS AND ACCOUNTS: James G~.' Ros3'' U' Executive Director Public Works Agency ~~~; l1s~r ~ ~~ `~ ~~ c~~c Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency JGR/WO/07-064.R1.9: ~ 2~-1 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACTS AWARD FOR SURVEILLANCE SYSTEM (BID SPEC. 08-019-R) CLERK OF COUNCIL USE ONLY: APPROVED VIDEO ^ As Recommended EQUIPMENT ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ C TY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award contracts for the purchase of video surveillance system equipment in the following amounts not to exceed: Vendor: Groups: Amount: MTM Technologies, Inc. 1 $183,385.79 SIGMAnet, Inc. 2, 3, 4, 5 $549,607.28 DISCUSSION On November 5, 2007, the City Council accepted an $11.07 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Police Department would be front-line responders in any terrorist-related incident within the Santa Ana urban area. The police administrative facility's current security and access control method is approximately eleven years old and consists of an outdated CCTV system with few cameras and an access control system using card readers. The Santa Ana Police Department is seeking to significantly enhance protection and mitigation capabilities by upgrading the current system to a technologically advanced perimeter security camera system. In addition, the upgrade has the capability to integrate and monitor other video surveillance systems throughout the City, including at the Regional Transportation Center and the water distribution (SCADA) system. In order to enhance protection and mitigation capabilities of the Santa Ana Police 22J-1 Contract Award for Security Bollards and Covers (Spec. No. 08-037) May 5, 2008 Page 2 Department building, responders and equipment in the event of an act of terrorism, staff recommends Council approval of the recommended action. The notice inviting bids was posted on May 30, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 4 Bids received Bids were received and opened on June 11, 2008 (Exhibit 1). The bids received from MTM Technologies, Inc. and SIGMAnet, Inc. are responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds for the video surveillance system equipment are available in the Office of Emergency Services (OES) Urban Areas Security Initiative (UASI) 2007 Police Grant account (no. 125-337-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez N Chief of Police ~ Executive Director Finance & Mgmt. Services Agency PMW/TO/08-019-R.7: 22J-2 ABSTRACT OF BIDS CONTRACTS AWARD FOR VIDEO SURVEILLANCE SYSTEM EQUIPMENT (SPEC 08-109-R) -~ Vendor: MTM Technologies, SIGMAnet, Inc. AT&T Global Cityscape Inc. Services Industry Location: EI Segundo Ontario Anaheim Moreno Valley Group 1" $183.385.79 $195,645.01 $275,293.79 $187,871.82 Group 2, 3, 4, 5'' No bid $549.607.28 No bid $582,660.64 * Includes applicable 7.75% sales tax 22J-3 22J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACTS AWARD FOR SHOP AIR COMPRESSOR SUPPLY SYSTEM (SPEC. NO. 08-031) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Q AIR California compressor supply system at the Flee a five year maintenance contract annually. to provide and install a new shop air t Maintenance facility for $38,043 and in an amount not to exceed $2,300 DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division handles the maintenance and repair of over 800 City vehicles, including 110 patrol sedans and equipment at the Corporate Yard facility, built in 1994. Fleet Maintenance operates with a fully operational garage, including a shop compressor supply system to provide air for the pneumatic vehicle lifts, tire inflation machines, all shop tools and the air reels to pump the vehicle oils and lubricants throughout the shop. Over the past three years, the current 50 HP compressor system has displayed increasing downtime, causing high dollar service calls requiring parts to be dispatched from overseas. Therefore, the City has been advised by the authorized service center to replace the deteriorating system and benefit from the electricity savings rebate program offered through Southern California Edison. The notice inviting bids was advertised on April 18, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 8 Bids received Bids were received, opened on May 7, 2008. The bids were evaluated on the ability to provide full capacity air pressure for the Fleet facility, readily available replacement parts, as well as pricing (Exhibit 1). Staff recommends awarding a contract to Q-AIR California for their USA made 25 HP compressor system offering a $8,658 SCE first year savings on electric power and a $4,000 SCE rebate. Contract award includes a 10 percent contingency on the project ^ ~~~ Contracts Award for Shop Air Compressor Supply System July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance - Garage Operation account (no. 75-111-6641) in the amount of $38,043; and in the Equipment Maintenance - Garage Operation account (no. 75-111-6281) in the amount of $2,300 annually. ~`~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/08-031.2:sh 22K-2 SPEC 08-031 SHOP AIR COMPRESSOR SUPPLY SYSTEM ABSTRACT 7/7/2008 VENDOR Q-AIR DOUBLE J ATLAS COPCO Q-AIR CALIF GLOBAL COMPRESSORS CALIF LLC LOCATION SANTE FE SPRNGS BAKERSFIELD TUSTIN SANTE FE SPRNGS TERMS NET 30 NET 30 NET 30 NET 30 CAPACITY 25-HP SYSTEM 50 HP SYSTEM 50 HP SYSTEM 50 HP SYSTEM TOTAL OFFER $ 36,084 $ 38,967 $ 38,888 $ 42,792 TRADE IN $ (1,500) $ (2,500.00) + PLAN FEES $ 1,500.00 DISCOUNT $ - $ - $ - $ - TOTAL $ 34,584.00 $ 36,467.00 $ 38,888.00 $ 41,292.00 + PLAN FEES 5-YEAR MAINT ANNUAL CHARGE $ 2,300.00 $ 1,655.00 $ 5,913.00 $ 3,200.00 TOTAL YEAR 1 $ 36,884.00 $ 38,122.00 $ 44,801.00 $ 44,492.00 OFFER $ 34,584.00 10% CONTGNCY $ 3,459.00 PROJECT TOTAL $ 38,043.00 VENDOR H.Q. US AERO ATLAS COPCO AERO EQUIPMENT COMPRESSOR COMPRESSORS COMPRESSOR CO,INC. INC LLC INC LOCATION LOS ANGELES SANTA FE SPRNGS TUSTIN SANTA FE SPRNGS TERMS 2% NET 15 DAYS NET 30 NET 30 NET 30 CAPACITY 25 HP SYSTEM 30 HP SYSTEM 50 HP SYSTEM 50 HP SYSTEM TOTAL OFFER $ 44,819 $ 51,595 $ 51,107 $ 65,643 TRADE IN $ - $ - + PLAN FEES $ - DIS000NT $ (896) $ - $ - TOTAL $ 43,923.00 $ 51,595.00 $ 51,107.00 $ 65,643.00 5-YEAR MAINT ANNUAL CHARGE $ 1,612.80 $ 1,615.80 $ 5,913.00 $ 1,652.30 TOTAL YEAR 1 $ 45,535.80 $ 53,210.80 $ 57,020.00 $ 67,295.30 SUMMAY OF BID AWARD Q-AIR CALIFORNIA TOTAL AWARD IN THE AMOUNT OF $ 38,043.00 ANNUAL 5-YR MAINT. $ 2,300.00 ABSTRACT 1 22K-3 22K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AWARD FOR PAINTING SERVICES (SPEC. NO. 08-022) CITY~MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Solorio, Inc. for painting services for a two-year period with provision for two one-year renewals in the annual aggregate amount not to exceed $75,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Painting services are required at times by all City departments for the purposes of general maintenance, building modifications, graffiti control, and renovation. The contract for painting services will provide fixed pricing for painting services for all City departments. The notice inviting bids was advertised on May 13, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 9 Bids received 1 Bid received from a Santa Ana vendor Bids were received and opened on May 28, 2008 and evaluated (Exhibit 1). The bid received from Solorio, Inc. is responsive to the specification and meet the City's requirements. 22L-1 Contract Award For Painting June 7, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance and Repair of Buildings and Grounds accounts (object code 6261). y~ Francisco Gutierrez Executive Director Finance and Management Services Agency 22L-2 ABSTRACT OF BIDS CONTRACT AWARD FOR MAINTENANCE PAINTING (SPEC 08-022) Vendor Solorio, Inc. Everlast C.T. Georgiou US National Painting Co. Painting Co. Corp. Location Orange Santa Clarita Total Cost $ 72,800.00 $ 128,000.00 Vendor A.J. Fistes United Painting, Corporation Inc. Location Long Beach Santa Ana Total Cost $ 199,900.00 $ 212,500.00 Vendor AR Painting, Inc. Wilmington Panorama City $ 151,625.00 $172,700.00 Prime Painting Signature Contractors, Inc. Painting Northridge Irvine $ 221,400.00 $272,500.00 Location Panorama City Total Cost $ 354,890.00 To determine evaluation costs, vendors provided a quotation for representative jobs which included various personnel, working hours, and material costs. Exhibit 1 22L-3 22L-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AWARD FOR PLUMBING SERVICES (SPEC. NO. 08-043) C~`~-+G-------- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for plumbing services for a two-year period with provision for two one-year renewals in the annual aggregate amount not to exceed $60,000 with the following vendors: Coast Plumbing, Heating & Air, Inc. Service First Contracting Network DISCUSSION Plumbing services are required at times by all City departments for the purposes of drain cleaning, leak repair, and general maintenance as well as installations of water heaters, faucets, basins, and toilets. Occasionally, a leak or breakage will require an immediate response to maintain safety and prevent additional damage. The contracts for plumbing service will provide fixed pricing for both maintenance and emergency services for all City departments, up to a maximum of $1,000 per job. The notice inviting bids was advertised on May 13, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 5 Bids received 2 Bids received from Santa Ana vendors Bids were received and opened on May 28, 2008 and evaluated (Exhibit 1). The bids received from Orange Coast Plumbing, Heating & Air, Inc. and Service First Contracting Network are responsive to the specification and meet the City's requirements. 22M-1 Contract Award for Plumbing July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance and Repair of Buildings and Grounds accounts (object code 6261). ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency 22M-2 ABSTRACT OF BIDS CONTRACT AWARD FOR PLUMBING SERVICES (SPEC 08-043) Vendor Coast Plumbing, Service First Platinum Plumbing Pacific Plumbing Heating & Air, Inc. Contractors Services, Co. Company of Network Santa Ana Location Fountain Valley Costa Mesa Anaheim Santa Ana Material Costs $ 1,050.00 $ 1,200.00 $ 1,400.00 $ 1 050.00 Plumbers Hrly. Rates $ 2,292.00 $ 2,193.00 $ 1,920.00 $ , 2,610.24 Helper Hrly. Rates $ 1,290.00 $ 1,332.00 $ 1,320.00 $ 1 751.58 Foreman Hrly. Rates $ 900.00 $ 859.00 $ 1,095.00 $ , 1 133.38 Laborer Hrly. Rates $ 1,290.00 $ 1,332.00 $ 1,320.00 $ , 1,419.60 Price Comparison/ $ 6,822.00 $ 6,916.00 $ 7,055.00 $ 7 964.80 Evaluation Costs" , Vendor Orange Coast Plumbing Location Santa Ana Material Costs $ 1,200.00 Plumbers Hrly. Rates $ 2,161.50 Helper Hrly. Rates $ 2,161.50 Foreman Hrly. Rates $ 851.50 Laborer Hrly. Rates $ 2,161.50 Price Comparison/ $ 8,536.00 Evaluation Costs" *To determine evaluation costs, vendors provided a quotation for a representative job which included various personnel, working hours, and material costs. Exhibit 1 22M-3 22M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AWARD FOR WIRELESS ROUTERS (SPEC. NO. 08-042) ~- CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Feeney Wireless California, LLC for the purchase of wireless routers in the amount not to exceed $27,600. DISCUSSION The Santa Ana Fire Department Computer Aided Dispatch (CAD) system assigns emergency calls to the closest available fire engine. The current Automated Vehicle Locator (AVL) system transmits unit location information through a broadband connection utilizing air cards. However, the current system is limited in its capabilities, in that the system delivers the Global Positioning System's signal to the AVL system server only when the units are logged in. The new wireless routers will allow the department to integrate real-time vehicle location information into the CAD system and thus provide the most expedient response to emergency calls based on vehicle location. Additionally, the new routers will integrate into the recently implemented county-wide Geographic Information System. The notice inviting bids was advertised on May 13, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 5 Bids received Bids were received and opened on May 27, 2008 (Exhibit 1) The bid received from Feeney Wireless California, LLC is responsive to the specifications and meets the City's requirements. 22N-1 Contract Award for Wireless Routers July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Fire Department Grants account (no. 146-339- 6391) . APPROVED AS TO FUNDS AND ACCOUNTS: l/ ~ ~~ ~ Marc E. Marti Fire Chief Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22N-2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS WIRELESS CELLULAR MODEMS (SPEC. N0.08.042) Feeney GetWireless, Industrial Grade Manley. Wireless Bidder Wireless. LLC LLC Modems Solutions, Inc. Mobiledata Location Oakland Minnetonka, MN Holly Springs, NC Ladera Ranch EI Granada Terms Net 30 Net 30 Net 30 Net 30 Net 30 Modems Warranty Sales tax - 7.75% Total $25,560.00 included $29,160.00 included $29,560.00 included $30,320.00 included $26,369.60 included $1,980.90 $2,368.40 $2,290.90 $2,349.80 $2,152.14 *Cost for Programming & Testing removed, since it is not needed Exhibit 1 22N-3 22N-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT RENEWAL FOR TRANSPORTATION SERVICES FOR THE SENIOR CENTERS (SPEC. NO. 04-056) CI MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with JFK Transportation to provide transportation services for the Senior Centers for a one-year period in an annual amount not to exceed $35,000. DISCUSSION The Recreation and Community Services Agency (PRCSA) provides a full scope of senior services, including health and fitness classes, volunteer opportunities, medical and legal consultations, and home delivered and on- site meal programs. Additionally, PRCSA arranges daily transportation services between Senior's homes and the City's Senior Centers, including daily shopping trips and monthly excursions to local venues. The vehicles make approximately 2,000 round trips a month and are specially designed to accommodate individuals with disabilities. On June 7, 2004, the City Council awarded a contract to JFK Transportation, a Santa Ana vendor, for a two-year period with provision for three, one- year renewals. The vendor has agreed to renew the contract with a 15 percent price increase, due to the rising costs of fuel and insurance. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price for the service. Staff recommends the final renewal of the contract. 220-1 Contract Renewal July 7, 2008 Page 2 FISCAL IMPACT for Transportation Services Funds are available in the Recreation & Community Services Community Affairs account (no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNTS: .~ ,,Gerard Mouet Execut've Director Parks, Rec. & Comm. Svcs. Agency GM/WO/04-056.R3.8: Francisco Gutierrez v ~'~Executive Director Finance & Mgmt. Services Agency 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AWARD FOR LOCAL STREET REHABILITATION-THIN OV]'sRLAY PHASE 3 (PROJECT NO. 08-1737-C) I C x CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Relieve Hardy & Harper, Inc. of their bid in an amount of $4,613,000. 2. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $5,006,430 for construction of Local Street Rehabilitation-Thin Overlay Phase 3. 3. Approve a Funding Analysis with a total estimated construction cost of $5,824,000. DISCUSSION This project is the final phase of the thin overlay treatment that is part of the City's $100 million investment to rebuild neighborhood streets throughout the City (Exhibit 1). This project will restore the pavement of several local streets that require the least amount of repair work as identified in the City's pavement management system. In addition, the project will replace damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance ride quality and visual appearance of the neighborhoods. The Notice Inviting Bids was advertised on May 19 and 21, 2008, and bids were opened on Tune 5, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 12 Bids received: 6 Bids received from Santa Ana Contractors: 1 23A-1 Local Street Rehabilitation-Thin Overlay Phase 3 July 7, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $5,006 430 2. R.J. Noble Company Orange $5,032,155 3. Sully-Miller Contracting Company Anaheim $5,159,249 4. Excel Paving Company Long Beach $5,561,903 5. Sequel Contractors, Inc. Santa Fe $5,577,820 Springs A total of six bids were received and all but one were responsive. Hardy & Harper, Inc. (HHI) submitted a bid in an amount of $4,613,000. Following the bid opening, HHI requested to be relieved of their bid, stating that they had inadvertently omitted the cost of material when they filled out the price for Bid Item 2, "Remove and replace ac pavement." After examining HHI's bid and other support documents, staff has found sufficient grounds for the relief and therefore, recommends that HHI's request be granted. The lowest responsive bid was submitted by All American Asphalt in an amount of $5,006,430, which is above the Engineer's estimate of $4,800,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2008-113 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $5,824,000 for the project (Exhibit 2). Funds are available in the Residential Street Improvement Fund (account no. 058-552-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~..,~~ / ' ~ L ~~C~~~t~ o James G. ss Francisc Executive Director Executiv Public Works Agency Finance K:\Construction\RFCA\07-07-08 OB-1737-C RFCA .doc 80WD o Gutierrez ~~ e Director & Mgmt. Services Agency 23A-2 MC FADDEN A' ~ PROPOSED THIN OVERLAY EXHIBIT 1 i salvia alva TITLE: CITY COUNCIL LOCAL STREET PAVEMENT REHABILITATION P W A AGENDA DATE: JULY 7, Zoos THIN OVERLAY PHASE 3 OF 3 PUBLIC roRKS AGENCY PROJECT NO.08-1737-0 FUNDING ANALYSIS PROJECT 08-1737-C LOCAL STREET REHABILITATION, THIN OVERLAY PHASE 3 OF 3 Construction Contract $5,006,430 Contract Administration 110,643 Inspection and Testing 89,180 Survey Staking 117,104 Contingencies 500,643 TOTAL ESTIMATED CONSTRUCTION COSTS X5,824,000 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AWARD FOR BRISTOL STREET WIDENING BETWEEN PINE AND THIRD STREETS (PROJECT NOS. 1819, 07-3202 & 08-3519) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment accepting Federal funds in the amount of $334,417 into the Select Street Construction fund (account no. 59-01-5344) and appropriating funds to the Select Street Construction fund (account no. 59-551-6631) for the Bristol Street Widening project between Third & Pine Streets. 2. Award a contract to Sequel Contractors, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $4,522,071 for construction of Bristol Street Widening between Pine and Third Streets. 3. Approve a Funding Analysis with a total estimated construction cost of $5,652,000. DISCUSSION Bristol Street is a north-south corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. The widening of Bristol Street between Warner Avenue and Memory Lane has been a long-term project that will be constructed in several phases. This widening project includes the segment between Pine and Third Streets (Exhibit 1). Overhead utility lines were placed underground in 2007 in accordance with the Bristol Street Specific Plan adopted by the City Council in 1993. All right-of-way has been secured for the segment. Under this project, Bristol Street will be widened from two lanes to three lanes in each direction. The widening will also provide dual left turn lanes, dedicated right turn lanes and far-side bus turnouts in both the northbound and southbound directions. Finally, the project will also include enhanced parkway landscaping and sound walls adjacent to the 23B-1 RECOMMENDED ACTION Bristol Street Widening July 7, 2008 Page 2 remaining parcels. Once completed, these improvements will enhance the ride quality, surface drainage, visual appearance and water capacity of Bristol Street. The Notice Inviting Bids was advertised on May 14 and 16, 2008, and bids were opened on June 3, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 21 Contractors requesting bidding documents: 38 Bids received: 9 Bids received from Santa Ana Contractors: 2 NAME OF BIDDER CITY BID AMOUNT 1. Se el Contractors, Inc. ~ Santa Fe $4,522,071.00 Springs 2. All American Asphalt Corona $4,625,000.00 3. Sully Miller Contracting Company Anaheim $4,732,425.00 4. Alliance Street Works Anaheim $4,922,322.50 5. Griffith Company Santa Ana $4,978,165.65 6. Elite Bobcat Service, Inc. Corona $5,159,534.00 7. R.J. Noble Company Anaheim $5,254,926.80 8. Excel Paving Company Long Beach $5,434,388.25 9. Hardy & Harper, Inc. Santa Ana $6,185,195.00 A total of nine bids were received and all were responsive. The lowest bid was submitted by Sequel Contractors, Inc., for $4,522,071, which is below the Engineer's estimate of $5,400,000. ENVIRONMENTAL IMPACT An Environmental Impact Statement (EIS) for the Bristol Corridor from Warner to Memory Lane was approved by the City Council in 1990. This was followed by a reevaluation of the EIS for the Pine to Third segment in 2003. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $5,652,000 for the project (Exhibit 2). Funds are available in the Select Street Construction Fund (account no. 59-551-6631), the TSIA Fund (account no. 35-631-6631) and the Measure M Street Construction Fund (account no. 32-551-6631). 23B-2 r Bristol Street Widening July 7, 2008 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: o~~,. a James G. R ss Francisco Gutierrez Executive Director xecutive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA\RFCA 1819 - CONTRACT AWARD.doc 200WD 23B-3 x ~~ w O o~ m I' ~ ~~ ~ ~~~ i I~ ~ i ~ I ~.._.._.._ 1I ~ ~ ~ ~~.._ 15 I ~ II~. -.~ ~ ~I ~ ~ ~~~ ~I ~~ ~ ~~~ - I 1 ~~I , .1.._.~ ! ~ ~~ ~ ' .~ -~ ~ ~ i~~ -~~ ~~~. EXHIBIT 1 THIRD STREET SECOND STREET FIRST STREET WALNUT STREET PINE STREET ' SANTA ANA CITY COUNCIL ~~ P~ AGENDA PROJECT 1819: BRISTOL ST. WIDENING FROM PINE ST. TO THIRD ST. DATE: PROJECT 07-3202: BRISTOL ST. WATER MAIN IMPROVEMENTS ^~ m.s ~mcr JULY 7, 2008 PROJECT 08-3519: BRISTOL ST. SEWER LATERAL ABANDONMENTS FUNDING ANALYSIS PROJECT NOS. 1819, 07-3202 & 08-3519 BRISTOL STREET WIDENING BETWEEN PINE AND THIRD STREETS Construction Contract $4,522,071 Contract Administration 190,422 Inspection and Testing 276,800 Survey Staking 210,500 Contingencies 452,207 TOTAL ESTIMATED CONSTRUCTION COSTS $5,652,000 Exhibit 2 23B-5 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT WITH WESLEY A. BOSCH FOR CONSULTING SERVICES ~' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Wesley A. Bosch in the amount of $70,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Wesley A. Bosch, a family and marriage counselor, has been providing counseling services for clients at the Santa Ana W/0/R/K Center for the past eight years. Mr. Bosch assists clients in resolving personal and/or family issues that may be interfering with their ability to seek employment or training. He also helps clients to clarify, identify and establish appropriate career goals and direction through counseling and assessment. Staff recommends that the contract with Mr. Bosch be renewed until June 30, 2009, to continue to provide this service to W/0/R/K Center clients. FISCAL IMPACT Funds are available in the One Stop program account (account no. 123-211- 6291), the One Stop Adult 08-09 account (account no. 123-213-6939), and the One Stop Dislocated Worker 08-09 fund (account no. 123-214-6939 APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. dwards Acting E cutive Director Community Development Agency NTE/LM/mlr 070708 Contractures Bosch Francisco Gutierrez f~ Executive Director f Finance & Management Services Agency 25.A.-1 AGREEMENT WITH WESLEY A. BOSCH, M.A. UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1st day of July, 2008, by and between Wesley A. Bosch, M.A., hereinafter referred to as "CONSULTANT", and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONSULTANT is experienced in operating education, training and employment programs for economically disadvantaged adults and youth for entry into the labor market ("said program"). law E. CONSULTANT is willing to operate said program pursuant to the Act and California WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. TIME PERIOD OF AGREEMENT This Agreement shall commence as of July 1, 2008 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2009. The term of this Agreement may be extended by a writing executed by the Acting Executive Director of the Community Development Agency and the City Attorney. 1 25.A.-2 2. INDEPENDENT CONTRACTOR CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONSULTANT shall not subcontract any of the services required hereunder without the prior written approval of the CITY. 3. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in the scope of work attached hereto and incorporated herein as Exhibit A to this Agreement. 4. CONSULTANT OBLIGATIONS A. CONSULTANT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONSULTANT does not make the above-referenced documents available within the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONSULTANT and all documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance 25.A2.-3 of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONSULTANT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder. D. CONSULTANT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own expense supplies and other costs of said PROGRAM. E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONSULTANT shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of this Agreement. H. CONSULTANT agrees to provide a drug-free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 25.A3.-4 5. APPLICABLE GUIDELINES A. The parties hereto agree that CONSULTANT shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONSULTANT also assures and certifies that: 1. CONSULTANT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONSULTANT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONSULTANT shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONSULTANT shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONSULTANT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONSULTANT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONSULTANT by the CITY and/or purchased by the CONSULTANT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONSULTANT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25.A4 -5 8. CONSULTANT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONSULTANT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONSULTANT may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve aroyalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONSULTANT is subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 12. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the CONSULTANT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the amount not to exceed Seventy Thousand Dollars ($70,000.00). CONSULTANT will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt 25.A.-6 of said invoice, subject to CITY accounting procedures. CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. 7. MISCELLANEOUS PROVISIONS A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONSULTANT certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and Government Code 12900, et seq. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in the performance of this Agreement. 9. INSURANCE CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive professional public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the term of this Agreement a policy of professional public liability insurance insuring the CITY and CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of professional liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against 25.A.-7 liability for worker's compensation or to undertake self-insurance. CONSULTANT agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONSULTANT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a change order. 12. BREACH -SANCTIONS If, through any cause, CONSULTANT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, 7 25.A.-8 CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONSULTANT'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copy to: Santa Ana Work Center 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Telefacsimile (714) 565-2602 To CONSULTANT: Wesley A. Bosch 24001 Muirlands Blvd., #331 Lake Forest, CA 92630 Telefacsimile (714) 565-2602 8 25.A.-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Nancy T. Edwards Acting Executive Director Community Development Agency CITY OF SANTA ANA David N. Ream City Manager CONSULTANT: Wesley A. Bosch, M.A. Tax ID#/SS#: 9 25.A.-10 EXHIBIT A w~s~~ ~t. ~osc~, M.~l. 24001 Muirlands Blvd., #331 Lake Forest, CA 92630-1717 (949)829-0719 (714)565-2648 wbosch@santa-ana.org May 13, 2008 Judy Chen-Lee Santa Ana W / O / R/ K Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Dear Ms. Chen-Lee: I am writing to propose renewing my contract as a Career and Personal Counselor consultant for the City of Santa Ana, the Santa Ana W/O/R/K Center (SAWC), and the Santa Ana Workforce Investment Board (SAWIB), for the fiscal year 2008-2009. As the current Counselor at the SAWC, I propose continuing to provide Career Assessment/Counseling and Mental Health Services to the customers at the SAWC who are in the process of becoming reemployed, retrained, or enhancing their career. The Mental Health Services involves consulting with customers and staff on a variety of issues and concerns related, in general, to personal, interpersonal, and/or behavioral barriers to vocational success. With some individuals, it becomes evident that career and personal counseling overlap, as the issues of one area are often affected by the other. This is a unique service within the One-Stop Career Center system, addressing needs often overlooked, yet a vital factor in individuals' lives and functioning, and when successfully treated can enhance their potential for success in the workforce. As a Vocational Counselor, I provide Vocational or Diagnostic Assessment Services and information to case managers and their customers for training and/or job placement consideration. The assessment process consists of the administration, interpretation, and counseling of a multiple vocational assessment battery of interests, aptitudes, transferable skills, personality, and work values. I also administer, score, and report the TABS tests of basic skills. My fee is $40 per hour, not to exceed $70,000 in one fiscal year, July 1, 2008 through June 30, 2009. Potential services for the purpose of or related to counseling and/or assessment and testing qualif@g for billed time include: • Direct customer contact, whether in individual, group, workshop, or Resource Center settings, contact by telephone, casual encounter at the SAWC or at the job site when related to assigned services 25.A.-11 • Contact with customer family, members of their support system, employer, or other professionals • Researching, contacting, or arranging referrals or resources for outside services or support not provided by myself or that is outside the scope of my license, training, and/or experience • Documentation • Communication with SAWC staff • Preparation time for direct client contact, such as assessment/testing material acquisition and organization, review of files, handout development, reviewing and/or obtaining reference or resource material, material reproduction, and consultation with staff • Onsite visitations to resources and agencies utilized or potentially utilized in the service of the customer Reimbursement at cost would be expected for any material that might be obtained for customer use, such as vocational assessment instruments, pamphlets, handouts, reference books, videotapes, software, or other related resource material obtained with prior SAWC management approval. Thank you in advance for your consideration. I would be happy to discuss any questions you may have. I can be reached by telephone either at the Center, (714 565-2648 or at home, (949) 829-0719, or by email at wbosch@ Santa-ana.org. Sincerely, (~' Wesley A. Bosch, M.A. 25.x.-12 WESLEY A. BOSCH, MA 24001 Muirlands Blvd., #331 Lake Forest, CA 92630-1717 (949) 829-0719 (H) (714) 565-2648 (W) wbosch@santa-ana.org PROFESSIONAL PROFILE Highly skilled mental health professional seeks a position as a mental health and vocational counselor to apply strong skills and successful, diverse experience. Significant qualifications include: • Extensive experience with all facets of vocational and mental health counseling in social service, hospital and academic settings, with all associated assessments, counseling and referrals • Experience with multi-agency environments including government services and regulations; broad liaison experience between service providers and clients; in-depth knowledge of mental health, social service, and vocational resources • Case, program and project management experience under local, county and government funded programs with all intake, reporting and administrative tasks • Presentation and facilitation of training modules to a variety of cultural, socioeconomic and mental health audiences • Several years of successful private practice in office and hospital psychotherapy to individuals, families and groups EDUCATION AND LICENSING Master of Arts, MFCC, Chapman University Post Graduate Training, Bioenergetic Analysis Bachelor of Arts, Psychology, California State University, Long Beach Licensed Marriage and Family Therapist, California State License MFT 16179 PROFESSIONAL EXPERIENCE COUNSELOR, SANTA ANA W/O/R/K CENTER 1997 -Present Under contract with the City of Santa Ana Workforce Investment Board, provide personal and career counseling, vocational assessment and testing for diverse clientele including multiethnic, multicultural, and economically disadvantaged populations. As Wellness Coordinator, counsel WIA, WtW, and other Santa Ana W/O/R/K Center clients with personal concerns related to employment status, retraining and reemployment efforts such as grief, low self-esteem, stress, depression, anxiety, marital/family/relationship problems and substance abuse. As Vocational/Career Counselor, administer multiple vocational assessment battery of interests, aptitudes, transferable skills, personality, work values and pre-employment testing to WIA and WtW clients; interpret results and counsel with clients to determine appropriate job and/or training related issues and career objectives. VOCATIONAL COUNSELOR, NORTH ORANGE CO. COMMUNITY COLLEGE DISTRICT 1998 - 2003 • Counseled, interpreted vocational assessment results and assist in occupational exploration with diverse client population including WIA, WtW and self-funded to identify viable occupational choices for selection of vocational training and/or recommendations of possible employment plan options. MATRICULATION COUNSELOR, NORTH ORANGE CO. COMMUNITY COLLEGE DISTRICT 2000 - 2003 • Counseled and evaluated transcripts of adults desiring to complete high school diploma, facilitated enrollment, career counseling, vocational assessment interpretation and counseling, and personal counseling. 25.A.-13 WESLEY A. BOSCH, Resume Page Two (949) 829-0719 (H) / (714) 565-2648 (W) VOCATIONAL COUNSELOR, SANTA ANA COLLEGE 1996 - 2000 • Assisted participants in developing long- and short-term career plans through vocational assessment and counseling; wrote reports of assessment results and conclusions. • Assumed major role in expansion of Assessment Center; opened three additional sites, trained new counselors and assessment technicians, developed and wrote policies and procedures, created new report and other forms, coordinated the installation of computer systems. • As college representative in the Unit Liaison Committee, involved in operations and developmental plans of the Santa Ana W/O/R/K Center, aOne-Stop, multiple agency employment and training center. • Managed the client database (Access), produced billing reports and facilitated purchase requisitions of needed testing instruments, software and supplies. • As Assessment Technician, administered multiple vocational assessment battery including scanned and/or hand scoring, and created computer-generated reports. CASE MANAGER/PROGRAM COORDINATOR, CITY OF LA HABRA 1995 - 1996 • Supervised the Aerospace Network Career Center, part of the JTPA Employment and Training Department of the City of La Habra, under U. S. Department of Labor JTPA. • Developed and maintained personal caseload of 85 while overseeing all other client (500) services in the center. • Assumed public relations role and regular interface for government agencies, private industry, training and school facilities, as well as unresolved problems with clients. • Provided and organized orientation sessions and job search workshops for up to 40 potential and current clients per week. • Directed client activity in identification of success skills, resume development, practicing and enhancing interviewing skills, addressing personal issues in support of job search and occupational retraining. • Hired, trained and supervised up to nine case management and clerical staff members. • Administrative and project management functions including authorization of client expenditures, coordination of center relocation, computerization of the new center, installation of software, development of relevant templates and training of staff. PRIVATE PRACTICE PSYCHOTHERAPIST 1988 - 1994 Provided office and hospital psychotherapy to individuals, couples, families and groups. Contracted for a portion of this period as an Employee Assistance Counselor for REACH, an Employee Assistance Program with offices in Orange and Irvine, California, providing assessment, counseling, and referral services. Contracted for a portion of this period under Alan W. Levy, Ph.D., consulting with referred hospitalized patients utilizing specialized treatment modality. PSYCHIATRIC SOCIAL WORKER, HOAG MEMORIAL HOSPITAL 1977 - 1988 • Promoted from Psychiatric Technician to Day Treatment Coordinator and ultimately to lead of the Social Services Department of the Mental Health Unit. • Provided psychosocial evaluations, casework, couples and family consultation, placements, community resources, group leadership, supervision and membership of Administrative Staff. • Redeveloped group therapy program and expanded outpatient services. • Served as the primary liaison between patients, families, staff, physicians, other medical staff and departments and outside community resources and agencies. Excellent professional and personal references furnished upon request. 25.A.-14 Exhibit B CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more that $100,000 for each such failure. Grantee/Contractor Organization ' Program Title Name of Certifying Official Signature Wesley A. Bosch, M.A. 25.A.-15 EXHIBIT Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. 25.A.-16 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: Program Operator 25.A.-17 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Weslev A. Bosch, M.A. Name of Contractor: Weslev A. Bosch Contractor Number: Date: July 1, 2008 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 1000 E. Santa Ana Blvd. #200 Santa Ana. CA 92701 25.A.-18 Exhibit D Subcontractor agrees that in addition to those agreements and obligations specified in the contract boilerplate and scope of work, it will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES 1) Subcontractor assures and certifies that it will not use any funds appropriated under this agreement for religious activity oranti-religious activity, or to promote or oppose any political candidate, parties, and/or beliefs. 2) Subcontractor assures and certifies that any requested modification to this agreement must be submitted in writing, explaining requested changes and rationale. Subcontractor further assures that no modification will be implemented without prior written approval from the Santa Ana WORK Center. 3) Subcontractor agrees to cooperate with any monitoring, inspection, audit, or investigations of activities related to this agreement as may be scheduled and conducted by the Santa Ana WORK Center. 4) Subcontractor agrees to acknowledge (give credit to) the Santa Ana WORK Center in all oral presentations, written document, publicity, and advertisements regarding any activities that ensue from this agreement. 25.A.-19 Print Date: r1 ~ j ;~, j t ;, MIALTH~AE7E PR©VIDERS SERVICE ORGAIVtZATiON Pt,)RCHA51Nta GIv'C~1lP CERTiFICAfiE t7F INSllRANCE ©CCURRENCE PnLICY 1=0Rt~t W _~._ .~,...r -~-.--- __~__ ~u~.._ -__ f'ros~ucer,Br~~neh ,Prefix r~Pclicy'~Jur~ber Policy Period _ _ 018098 ?.".) i°ii'G ;1 ? r, ., ., .. ;; ~; r; orn , 2:~1 Af~~l ~>tarna.~~t~ l ir71 . ~~;. ~,,: Jt 87 to 1'.01 A[;iI StanQard Tirnc or~~.~ Jt;08 arced Ensured ar~tt Address: ~ Pro rangy Adminisiratar ~ __ Tr>f~ , ~ i~ :> 7~ r ~ Naaltheare Rroviders Service Or~ani~:atinr~ , 1~ T~', :,fin': a ~~~,:~ :~ .~? ~;~~ 2ttr~ 159 East County Line E~tsad u,: :r_< ;~~r,a, C:~ `; E: `JCr1. - ~.~uC Hr3tboro„ P,~ 19040-1~1~ _ ~ !°1!cr'~c~l SpECEaity: y Code: Insurance Pr'avtded key ~~~~ t.^a r~~~~~-;;f-r~miEy C~n~anse~lc~r ~rJ723 ~,rreri~.an ~;asualfy i:,+~ r E t~~,scirrrct, PA C1~r~1 Pte3Lr1 2~~ ~.tllt;c,;)i), i._ fsQU~:7 __. . ouERA~E paiz~s LtMITS,t71= I_IASI~.ITY ~.~ A. PR43P555tC7tVAt_ LtABELtTY .. Profess~onai Liabrh#y ~~L} S 1,000 040.. each eia~im S '~ OOO,C~uCt ~nr7 ,,tat: _ - _. ~. _ OY~' Pew ~ r~~ rlrtiu~y~~ Li~bitlrty+ included ,ab~_-. _._ _ _ y `' included ab©ve ,. _ _ ___ _ _ ,- - __ hq~llk~l~i_cnlertt Lidtlitity ; included above .._.. _ _ .. .._ _ ___ ..~. .-e_s-a_~_..._ __-....W~._.,r ~. COVERAGE EXTENSIC?NS; License Protection Clefen~iarit Expense Benefit by e~~c~sit%an RerJreserif~tiort ...... __.. n~~.i.,,ai Payrr~erats _. f r ~,t E~-.rc1 Darr~cte to Prot~erty of Clthers C. VkItJRKPLACE C.IAF3ILITY 149aster Policy ~ 188711433 e.__-._~...__ _.._ m , .___ _ .. F,c• Is. draw. :;„~rt ¢t ,a &ate place. I( ar~s4 ~+rs~uf v. ~.~ym~nt art c.u~erice et gtxir a ....i.. ..r ~.. r.~ISIsY. __....... VSJor`kFatace Liability iinetuded in ~i. PL lirnif s?7ewrr b.,°,;;~ )`=ire & 1~latet legal Liobtia#y ,rncluc'~rt fn A 'L Errni~ ~trua~n ' ~~e sut~j~ct to 51 ~~,C3C~0 sut~-lirtait Persoriai Liability f.. $1 000,000 ag~re~at~ d. GENERAL L1A~ILETY C~=rer~r, ~~ , . ,'. Gr~:ural i~i:ats'~IiSy [9x~ ~ ~; f,t%y it Overage Far, :%. 4V2r'kplar,e f.ruLiiiYy i;~ in ~a„9c* S>H"t eat this ?a;'licy. C;r.ri~~r; l LIEst~rttty (GL) __ ~ ri{}r1C~ ~ none __ FirP~~~VU 7r &Nora awned Auto ~ . _ _ ni~~ne ___ ..,,,-.. -, _.. _ ~~ __ c r,ai L.iab I~ty r7rstr~ ~. nc~rre -~ _ __ ._-...w ' - ._.__. ._.._ - __ Persona Liability ~_ _-- -~.. _.~_~_d____ none Tc~tai Prert~ium. 5 2~t?. Cry t,t,f_~j-;+,ti~~~t al,t~_ t ~~cxrr-~~~_Ua~~, -12.1 faJ-C G-:~21a'J?-~ t,-121.501-C°_ C~>51&~4-Fi ~~-a.~x'7292-~ C~-~-4~.87~;-.~ C~-11~€?•4~i-I~;°4 G-~23~3'1.k3~-II ~ '.f ,!" /r/ f A !~ G-14" 241 _~ (~)i12(;'f}1) ~ ~ a.a~~ J ~,~J© ?,000 5 5o~i _.. E~~r E~raceed~rri; ~ 25,000 .,r;r ., , _. ~j __ ~,: ~~eF~~s,t.,~°7; ~ ~ ~ 10,000 5 000 tlfr ~ ,sae c:~ f 1. <~i~ ~ a _._-~.. _~ 2.5x00 _ <~q~arer~ate_ perinc;ident! ~ 1G.f7t7fl i+~lregaf~,> Ccyvtera;7c yiart C 1"v ,rRphxuu L3r;n!iEy , °,J tt~,>;y Gf C„wtoi r;~_, par. J. ~aenar.~I i.„~~;,~ts is r~3 ;:It; t~~'? sir 3 r ,w'ir_y ~ecr~ta'Y Coverage Gttrarxg~= Date: 25.A.-20 Ertdr~rsernF~nt Ct;arrt~e C.?ate: F'Rt~~ESSlf3NAL LIASIL.I7Y lfiSUR~NGE ENE3©RSEMENT 3Agreeent to Provide Notice of Cancellation rr~r;s :: ~. _~;~ ct the ~te~slitm~ dad, i; is agreed thG# i' the , cl'sc,1 tc which It is ~~;~dflrser~ ~~nt ~['~_~ :.ad is „~, -~ ; u~f~ro ttte expiraiic?n dole, Ne ~°rll endear/r~r tc r <,~; ,~ Mice to ?t3~~ p~ r~ :~r~ <r ~:rf t; r ~ ° '' : - - . fa=i,:re tt~ r~~~~i ~u::h r~~~tir~e s aal? ;n~~as€~ na c>b ;, :'.:,r3 or pia:'. t, ~~ ~ :::.: ..._ r~r r~~~'~,sntaii'3es F'er~cn ur Entity Na~r~e ar~Z1 ,~r#dre~s: City of S~nt~ Ana, its Ufficers, Agents an€S ~mplt~yees PC} Bc~x 1 g8~ Santa Arta ,CA ~J2702 1This ~ ~,ds~r~~;r~:~~;r~t is a pw~rt of your policy and Yaisp s effeal on the effective date os your pe; ~,y, tin3;:, another eff~;cti,re date is sh~w~~ ~elc~w. A'3 i;C~3-;~~rrwisic`ns of fhe UEicy rert7air~ unc;t~an~~~~d. ~.. .~, .~,_~... _ . W ~_____________ ~ _ __ t i- ~ tr tarty I~'f~>er? 7"hrs i~vr~ct~~ser~rter~t ; ~~ , r-„ ,. ~~r~ ,, ~ i,Y ..- i , i ~ft1Cy D t~f fS ~()! i{31)f: ~fFGGtt'v"f. '.%f1#'; i~lE' S:ac7.fiiy° _ _ __ _.. ,.l _ __ -__._._._.. _ _ __._ _------ . ......_. _ EF._ ,. ~. ~c~.>~..i~,°: ~:c~ i E}~? ~~r ~, :t_ri~r~ ~~~~.r~ lyl s E~2~ia~f?rA e ~~.~~51~;'r ~' I~~E ~".3'Q91f;r' l.. ~~.~_._. _. __.__._....._____. ___._.,,~,~.1 ~..,_. ~.~,.~,..._.,.._~._.___._.._ _....____._.__~._ ~w.____.~.. ~~ E:'0~2c~aL7 r.12~~?.~.~; r!!f~t2~124(34} F'e~3~ ? t~f 1 25.A.-21 25.A.-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: REALLOCATION OF EMERGENCY SHELTER GRANT FUNDS l:~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the 2008-2009 Emergency Shelter Grant agreement with Mercy House Transitional Living Centers, Inc. to increase the grant amount by $7,245, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana undertakes a yearly process of allocating Emergency Shelter Grant Funds (ESG), which are received from the U. S. Department of Housing and Urban Development (HUD). Part of this process involves requesting proposals from non-profit organizations. The City enters into agreements with these non-profits to provide essential services to the homeless and short-term homeless prevention assistance on behalf of the City. On April 7, 2008, the City Council awarded ESG funds for Fiscal Year 2008-2009 to 13 organizations for a total of $297,725. An additional $7,245 was allotted for the City's administration costs of the program, thereby allocating the entire entitlement from HUD for 2008-2009. One proposal submitted by Mercy House Transitional Living Centers, Inc. was to operate the Cold Weather Armory Program. The Council approved a $13,000 grant allocation for this program. Staff is recommending that the $7,245 allocated for the City's administration costs be reallocated to the Cold Weather Armory program for a total grant of $20,245. The City will be using unexpended ESG administration funds from prior years to provide for the staff necessary to administer the program requirements during 2008-2009. 25B-1 Reallocation of ESG Funds July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Emergency Shelter Grant personnel accounts (account no. 135-152-various). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. wards Acting Ex utive Director Community Development Agency Francisco Gutierrez Z~ Executive Director -~S Finance & Management Services Agency NTE/FH/mlr 070708 ReallocationESGMercy 25B-2 AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 1st day of July, 2008, by and between the Mercy House -Cold Weather Armory Program, a California non-profit corporation ("Subrecipient"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Subrecipient entered into that certain "Agreement Between The City of Santa Ana and Mercy House -Cold Weather Armory Program for Use of Emergency Shelter Grant Funds" ("ESG Agreement" dated , 2008) to use $13,000.00 in ESG funding. B. The parties hereto now desire to amend and increase the Grant Amount of the ESG Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said ESG Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The "Payment of Funds" section of said ESG Agreement will be increased by an additional $7,245.00, for a total grant amount of $20,245.00. 2. Except as hereinabove modified, all of the terms and conditions of said ESG Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said ESG Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA David N. Ream, City Manager SUBRECII'IENT: Mercy House -Cold Weather Armory Program By: Title: 25B-3 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ~-1' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendments to the 2007-2008 Community Development Block Grant agreements with Mercy House Transitional Living Centers, Inc. and Delhi Center to increase the grant amounts by $10,000 and $5,000, respectively, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana undertakes a yearly process of allocating Community Development Block Grant (CDBG) Funds, which are received from the U. S. Department of Housing and Urban Development (HUD). Part of this process involves requesting proposals for service from non-profit organizations. The City enters into agreements with these non-profits to provide public services to low-income households on behalf of the City. Occasionally, a non-profit organization decides to withdraw from the CDBG program after City Council awards a sub-grant and therefore releases any entitlement to the funds. During the 2006-2007 grant year, Orange County Rescue Mission was awarded $10,000 and Orange County Crazies was awarded $5,000 in grant funds. Both organizations have since withdrawn from the CDBG program and did not spend any of the funds granted to them. City staff recommends that $10,000 be reallocated to Mercy House Transitional Living Centers, Inc. and $5,000 to Delhi Center, thereby increasing their 2007-2008 grant award totals to $20,000 and $10,000, respectively. 25C-1 Reallocation of CDBG Funds July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Community Development Block Grant account (account no. 135-149-6931). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Nancy T Edwards Acting ecutive Director Community Development Agency Francisco Gutierrez ~~~ Executive Director Finance & Management Services Agency NTE/FH/mlr 070708 ReallocationCDBG-Mercy&Delhi 25C-2 SECOND AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this is` day of July, 2008, by and between the Mercy House Transitional Living Centers, Inc., a California non-profit corporation ("Subrecipient"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of Califomia ("City"). RECITALS A. The City and Subrecipient entered into that certain "Agreement Between The City of Santa Ana and Mercy House Transitional Living Centers, Inc. for Use of Community Development Block Grant Funds" ("CDBG Agreement" all terms and conditions incorporated herein by reference) dated July 1, 2007, to use $10,000.00 in CDBG funding for the programs at the Joseph House, Regina House and Emmanuel House. B. The parties hereto now desire to amend the grant amount of the CDBG Agreement C. Subrecipient may also amend its Scope of Work attached as Exhibit A hereto. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said CDBG Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The "Amount of Grant and Quarterly Disbursement" shall be amended to include an additional $10,000 for total Grant Amount not to exceed $20,000 in order to serve the revised Scope of Work (Exhibit A) attached hereto and incorporated herein. 2. Except as hereinabove modified, all of the terms and conditions of said CDBG Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said CDBG Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA David N. Ream, City Manager SUBRECIPIENT: MERCY HOUSE TRANSITIONAL LIVING CENTER By: Title: 25C-3 City of Santa Ana Scope of Work Name of Organization MERCY HOUSE TRANSITIONAL LIVING CENTERS Name of Funded Program REGINA/JOSEPH/EMMANUEL HOUSE Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded ro ram, named above, during the 12-month contract period. 88 Persons II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. 32 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. The transitional shelters offer supportive services, including individualized case management which aid the resident in achieving goals in the areas of housing, health, finances, and life skills. These services will then help the client understand the root causes of their homelessness and enable them to transition from a state of dependency to one ofself-sufficiency. Clients will meet with their program manager on an on-going basis. During case management, clients will set and work to achieve their program-specific goals. Program Managers are then able to track the client's progress and refer them to additional resources to address their needs. Additionally clients attend workshops and life skills classes. The program staff also offer social events for the clients to bond with one another and create healthy relationships. 32 Unduplicated Santa Ana residents will be served in FY08-09 Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2) Quarter 1: July 1 -September 30 8 Persons Quarter 2: October 1 -December 31 8 Persons Quarter 3: January 1 -March 31 8 Persons Quarter 4: April 1 -June 30 8 Persons 32 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12-month contract period on a quarterly basis. Quarter 1: July 1 -September 30 Quarter 2: October 1 -December 31 Quarter 3: January 1 -March 31 Quarter 4: April 1 -June 30 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 10,000.00 Total Grant Exhibit A Page 1 of 1 25C-4 SECOND AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 1~` day of July, 2008, by and between the Delhi Center, a California non-profit corporation ("Subrecipient"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Subrecipient entered into that certain "Agreement Between The City of Santa Ana and Delhi Center for Use of Community Development Block Grant Funds" ("CDBG Agreement" all terms and conditions incorporated herein by reference) dated July 1, 2007, to use $5,000.00 in CDBG funding for the Delhi Senior Program. B. The parties hereto now desire to amend the grant amount of the CDBG Agreement C. Subrecipient may also amend its Scope of Work attached as Exhibit A hereto. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said CDBG Agreement as hereby amended, the parties hereto do hereby agree as follows: I . The "Amount of Grant and Quarterly Disbursement" shall be amended to include an additional $5,000 for total Grant Amount not to exceed $10,000 in order to serve the revised Scope of Work (Exhibit A) attached hereto and incorporated herein. 2. Except as hereinabove modified, all of the terms and conditions of said CDBG Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said CDBG Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attomey By: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA David N. Ream, City Manager SUBRECIPIENT: DELHI CENTER By: Title: 25C-5 City of Santa Ana Scope of Work Name of Organization DELHI CENTER Name of Funded Program DELHI SENIOR PROGRAM Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded ro ram, named above, during the 12-month contract period. 37 Persons II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. 37 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. 1. Link Seniors to health and human services 2. Improve Senior Health and wll-bing by providing forum for socialization 3. Sponsor weekly Bingo games with prizes for 37 seniors 4. Increase Seniors access to critical infrmation and rewources 5. Coordinate workshops with topics that include healthy eating, medicine, the effects of diabetes and Alzheimer's, pensions, making a will, housing, claiming money benefists and allowances, looking after the house, filling in claim forms, shopping and exercise. An additional 37 Unduplicated Santa Ana residents will be served in FY08-09 Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarts Quarter 1: July 1 -September 30 Quarter 2: October 1 -December 31 Quarter 3: January 1 -March 31 Quarter 4: April 1 -June 30 rl Persons Persons Persons Persons Total unduplicated Santa Ana Residents to be served. 37 Schedule of Invoicing Estimate the amount of grant funds to be requested Burin the 12-month contract period on a quarterly basis. Quarter 1: July 1 -September 30 Quarter 2: October 1 -December 31 Quarter 3: January 1 -March 31 Quarter 4: April 1 -June 30 $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 5,000.00 Total Grant Exhibit A 25161 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR PARAMEDIC BILLING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Wittman Enterprises, LLC, to provide Paramedic/EMS billing and collection services for the City of Santa Ana Fire Department for a one year term at the rate of 6.8 percent of net collection, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Beginning in 1994, the Fire Department has used Wittman Enterprises for paramedic/EMS ambulance billing and collection services. The Fire Department recommends approving a new one-year agreement with them, at a cost of 6.80 of net collections. This amounted to $177,910 in FY 06/07 on $2,385,745 in revenues. For FY 2008/09 the estimated fee is $230,000. By approving this agreement, City Council is providing the Fire Department time to prepare and issue a Request for Proposal (RFP) during the next twelve months and have a new proposal in place for FY 2009/10. This insures that the City and the Fire Department are being provided the best service at the best price possible. FISCAL IMPACT Funds are available in the Fire Department, Fire Suppression, Other Contractual Services account (account no. Olt-323-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~. Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 25D-1 25D-2 STANDARD CONSULTANT AGREEMF.I\T 'T'HIS .AGREi:MI~;N'T', made and entered into this 7`r' day of 3uly, 2008 by and between Vl~ittman F;nterprises, LLC, a California Limited l.,iabilit}' Company (hereinafter "Consultant"). and the City of Santa Ana, a charter city and municipal eorporatian organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. 'The City desires to retain a cons~rltant having special skill in providing ambulance and paramedic billing and collection services for the City's Emergency Medical Sen=ices Program. E3. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undert<rking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonabl}~ be expected from a professional consulting firm in the field. NOVG~ THERE]KORE, in consideration of the n~utrzal and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as f~~lloEVS: 1. SCOPE OF SERVICES Consultant shall provide EMS billing and collection services as set forth in Exhibit ~'~, attached to this Agreement and incorporated by reference. 2. COMPENSATIt)N City agrees to pay, and Consultant agrees to accept as total payment for its services a fee equal to 5.$% of net collections obtained by Consultant. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution, b. Payment by City shall be made within thirty {34~} days following receipt ofproper invoice evidencing collections received by City, subject to Cit}~ accounting procedures. Payment need not be made for work which fails to meet the standards ofperformance set forth in the Recitals which may reasonably be expected by City. TER'1i "Phis Agreement shall commence on July 1, 200$ and terminate on June 30, 20(}9, unless terminated earlier in accordance with Section 1?, below. Sen~ices provided since JuI}' 1. 20013 shall be within the Scope of Services of this Agreement. "The terra of this Agreement may be 25D-3 extended far three additional one-year terms upon a writing executed by the Fire Chief and the City Attorney, for the City and by Cansultant. 4. l~~Fl'ENll>« tiT Ct)i`~ITRACTOR. Consultant shall, during the entire term af'this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is net intended nor shall iC be construed to create an employer-employee relationship, a joint venture relationship, ar to alla~~° the City to exercise discretion or control aver the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Cansultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and tiva~res, employer's social security taxes, unemployment insurance and similar taxes relating to empla}°ees and shall be responsible for all applicable withholding taxes. 5. 1NSlu'RANCE Friar to undertaking performance of ~~-ark under this Agreement, Cansultant shall maintain and shall require its subcontractors, if an}', to obtain and maintain insurance as described belarv: a. l~ue to the nature of services provided. CCi[. insurance is net required. b. Worker's Compensation insurance. ]n accordance with the previsions of Section 330(? of the l..abor Code, Cansultant, if Cansuftant has any employees, is required to be insured against liability far worker's compensation ar to undertake self-insurance. Prior to commencing the performance of the wvark under This Agree~r-ent, Consultant agrees to obtain and maintain any employer's liability insurance ~m~ith lir~iits net less than 51,000,000 per accident. 6. Il\')~EMiViI" ICATIUN Consultant. agrees to and shall indemnify and Mild harmless the City, its af~iccrs, agents, en~playees. consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial ar equitable relief arising out ofclaims fir personal injury, including health, and claims far property damage, which ma~~ arise from the direct ar indirect operations of the Consultant ar its contractors. subcontractors, agents, employees. ar other persons acting on their behalf which relates to the services described in section 1 of this Agreement. "I'he Cansultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any attic>n by a third party asserting that personal injury, damages, just compensation, restitution, judicial err equitable relicfdue to personal or property rights arises by reason c>f the terms of; ar effects arising from this Agreement. City may make all reasonable decisions with respect to its representaticm in any legal proceeding. 25D-4 ?. COVF1DENTIALI'I'Y Jf C'onsultant receives Pram the City information which due to the nature of such information is reasonably understood to be confidential andlor proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to e;cercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. ``Con~dentia! lnfarmation" shall include all nonpublic information. Confidential information includes not only written information, but. also information transferred e~rally,visual]}~, electronically, or by other means. Confidential int'c~rtnation disclosed to either party by any subsidiary and/ar agent ofthe other party is covered by this Agreement. `l`he foregoing obligations of rtion-use and nandisclosurc shall not. apply to any in]`armation that {a) has been disclosed in publicl}" available sources; {b) is, through no fault of the Consultant disclosed in a publicly available source; {c) is in righifiil possession of the Consultant without an obligation of s:onfidentiality; {d) is required to be disclosed by operation of ]aLV; or {e) is independently developed by the Consultant without reference to information disclosed by the City. ~3. CONFL.ICT OF Ii~1T'l€~}2~ST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, 4vhich would conflict. in any manner with performance of services specified under this Agreement. ~3. Nt)TICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to E~ properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 'fo City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza {M-30) P.C?.13ox 1988 Santa Ana, California 92702-]988 telefacsimile {714) 641-6956 With courtesy copies to: ]=ire ChieF City of Santa Ana 1439 S. Firoadway {M-$0} Santa Ana, California 92702 telefacsimile (714) 647-5774 and C"sty Attorney City of Santa Ana 20 Civic Center Plaza {Vl-2L1) 25D-5 I'.O. F3ox 1988 Santa Ana, California 92?02 telefacsimile (714} 647-b515 To C.;onsultant: ~'~ittman Enterprises 21 Blue Skv Court Sacramento, California 95828 telefacsimile: (800) 90b-b552 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, Ifsent b}° mail, communication shall be effective or deemed to have bc:c:n given three {3) days aver it has been deposited in the lJnited States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Ifsent by telefacsimile, communication shall be effective or deemed to have been given t~venty°-four {24) hours after the tune set forth an the transmission report issued by the transmitting facsimile machine, addressed as set forth above. Fbr purposes of ca[cutating thane time frames, weekends, federal, state, County or City holida}'s shall be excluded. lU. FXCLLlSIVITY AN'D AMF.NDMF,NT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis Agreement and any attachments hereto, the terms ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and b}° an authorized representative of Consultant. 'I'!te parties agree that any terms or conditions of an~~ purchase order or other instrument that are inc;ansistcnt with, ar in addition ta, the terms and conditions hereof, shall not bind ar obligate Consuhant nor the Cit}~. Each party ti) this Agreement ackna~~°ledges that na representations, inducements, promises or agreements, orally or otherwise, have been made by any party, ar anyone acting on behalf of any part}°. ~+~hich are not embodied herein. 11. ~SSIGNiVIENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delr;gate, ar subcontract any interest herein s~ ithout the prior written consent of the City and any such assignment, transfer, delegation or subcontract withattt the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services ~~hich are the subject to this Agreement performed by City personnel or b}~ other consultants retained by Cit}~. l2. TERMI:NATIt?'~ `i'bis Agreement may be terminated by the City upon thirty {30) days written notice of terminatior3. In such e~•°ent, Consultant shall be entitled to receive and the Cit}~ shall pay Consultant 25D-6 compensation for all services performed by Consultant prior to receipt ofsuch notice of termination, subject to the fallowing conditions: a. As a condition of such payment, the Executive 17irector may require Consultant to deliver to the City all work. product completed as ofsuch date, and in such case such work product shall be the property c-~f the City unless prohibited by law, and Consultant cons;.nts to the City's use thereof far such purposes as the City deems appropriate. b. Payment need not be made for ~vark which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIl4'II;t~1ATit)N Consultant shall not discriminate: because of race, color, creed, religion. sex, marital status, sexual orientatic7n, age, national origin., ancestry, ar disability, as defined and prohibited. by applicable: law, in the recruitment, selection, training, utilisation, promotion, terrninatian or other employment related activities. C'ansuitant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 1~1. JLiRISDICTlON - VENUF. "phis Agre:crnent has been executed and delivered in the State of California and the validity, interprctatic?n, performance, and ent`arcement of any oi'the clauses afthis Agreement shall be determined and governed by the la4vs ot'the State of California. Both parties further agree that ©rangc County, California, shall be the venue for any action ar proceeding that may be brought or arise out. <}f. in connection with or by reason afthis Agreement. a s. PRa~~SSroNAL LICENSES Consultant shall, throughout the term afthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the locos and regulations ofthe llnited States, the State ofCalifornia, the City o#'San'ta Ana and all other governmental agencies. Consultant shall notify the City itnrnediateiy and in writing of her inability to obtain ar maintain such permits, [tenses, approvals, waivers, and exemptions. Said inability shall be cause for termination afthis Agreement, 1fi. 1r1ISCl1LLANF.OUS PROVISIC?NS a. leach undersigned represents and warrants that its signature hereinbe:low has the power, authority and right to bind their respective parties to each of the terms c}f this Agreement, and shall indemnify C'iCy~ fully. including reasonable c-acts and attorney's fees, for any injuries or damages to City in the event that such authority ar power is not, in fact, held by the signatory ar is ~vithdrakvn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if firily sef forth in the body of this Agreement. 25D-7 c. Consultant agrees that, notwithstanding the existence of any dispute. bctvs~een the parties, insofar as possible under the teens of this Agraen~ent, each party will continue to perf?>rrn ttte obligations required of'it during the continuation of any such dispute, unless e,njoine~i or prohibited by, ar~y aaurt. [1v' tt~'1T i~C~SS WWHERI()I', the parties hereto have executed this Agreement the date and year first above vt~ritten. AT'T'EST: CITY OI' SANTA ANA: PATRfCIA F--. HF~:AIwY I~AVII:)'v'. RI-IANI Cler{: ofthe Ccauncil City Manager APPROVED AS TO FORM: 3OSEPH 4'~'. FL~:TC}IIR City Attorney I3v: 1_aura Sheedv Assistant City Attorney ~'ITT4IAti EYTERPRISES ,r ff~~t.~ll - /~fft,, ~ ~ a rr_ CC)RR1iV~ ~~'I`I'TMAN-WO~'C;,~~ Chief=l:xccutive Off'scer s~ 25D-8 EXI-1[I31'l' A SCOPE C)I~ SI?RVICES ,~. GINERAI. PERFORNtANCI: REQl11REME~'\'l-S Consultant sha11 provide the City of Santa Ana with E3illing and Collection services ~ftx the City's Emergency Medical Services and Emergency Medical transport serv'sces as specified herein. BlL.LING (:'ansultant shall prepare all invoices and follow-up mailings. Initial invoicing tivith both F.:nglislt and Spanish instructions will be an fIx 1 1 billings and will be placed in ertvclopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three (a}days of receipt of transport ticket. Initial invoicing i~s fully itemized statement stating all procedures and supplies. Toll Free 8(30 telephone number provided to patients. An initial telephone call will also be made at time of initial invoicing to elicit anv insurance inf'orntation f'rc?rn the patient or patient's family. If Consultant receives no answer an this call, Consultant will send and inquiry letter in addition to the initial invoice. The standard bill schedule is as follotivs: 1. invoice in English and Spanish Immediately 2, Statement 30 days 3. Past I?ue 20 days ~. Final Demand 10 days it1EI~1CARE, l~tE[~I-CAI, Consultant shall electronically convey alI Medicare and Medi-Cal invoices to the appropriate payor. All secondary insurance, coinsurance and co-payments for lvledicare~7vledi-Cal, shall be transferred to the appropriate pay source and promptly billed to that. source; Consultant shall be responsible for program updates ifthe requirements ofMc;dicare and Medi-Cal fiscal intr~rmctiiarics change during the contract period. 1k'C)RICERS' GOMPI?igSA°I'lUti A?*it~ PRIVATE INSUR:~NCE Consultant shall bill private insurance, supplemental insurance, secondary insurance and workers compensation in accordance with appticable requirements. Electronic billing of insurance companies is performed vv~herc appropriate. Any correspondence far additional information or follow up necessary to s4cure insurance payment shall be performed by Consultant. In the event that members of the C11'Y's Paramedic subscription program have third party insurance. a diligent and timely effort shall be made by the CC7NSl3LTAN`I'to identify, blll, and pursue payment from these sources. Medi-C:a1. Medicare, and Insurance company billing schedules shall he as needed. 4. [3El.f(~t.JE~iv'~E' CL.AI1+.^IS Consultant shall track accounts requiring special handling and i?allow-up. Consultant will lycrnor Cit}~ requests for special handling of accow~ts including bt:t not limited to elderly, handicapped and 25D-9 social dependent situations. Patients with claims aging over 45 clays will be contacted by telephone far payment arrangements. "felephc>nc follow up will continue until payment in bill is received car account is dismissed by the City to an outside eol(ectiarz agency. Consultant tivill utilize installment billing as alloy+~ed by the City in cases of financial hardship. I~ECEIP'I-S PItUCE5SING Consultant will receive copies of payments deposited by City and past Chase payments to the correct patient account within onr { 1) day of receipt. Consultant will forward tc> City any payments made dirr;ctly to C:ansultant. ~. E~~I~POx"I~s Consultant shall perform accurate month end close procedures that will result in the following reports: a. Monthly Ticket Survey b. Monthly Sales Journal c. Manfhly Cash Its:ccipts Jourr7al d. Monthly Recc*,ivables Aging e, Management Accounts Rcceivahle Anal; sis f. Statistical lieparts t3. ItF:CC1RDS Consultant shall maintain records in accordance with generally accepted bookkeeping and accaurtting practices. Consultant mutt keep claim submission date, follow-up payments rtrade on account, source of payment and automatic audit trail to assignment for collection. Consultant agrees that all accounC files remain the property of the City and will be returned to City at terntinatian of this Agreement. Account file inforrnatian including patient name, address, age, diagnosis, contact information, billing and payment information shall be updated as necessary to maintain accurate records. Patient records shall be cross referenced by name, Social Sccurit}° number, address, date of birth, date of service and Paramedic Subscription program membership number, RE:CC?RI~S Kl4`S`1~N'T'IC)N Cansuhant agrees to retain all source dacurnents including attachments far seven {7) years. All Metficare and ~ted's-Cal audits tar periods during which this contract is in eftect shall be referred to Consultant.. C<~ansultant shall comply with City established policies, standards and security procedures and procedures relating to the relea_~e ofinfarmatian concerning injured or treated parties. C'. Cl"1'Y RESPC7NSII3[I~1T1ES • Submit necessary transport infarmatian, including pay souece infi~~mlation and patient condition to Consultant far bil]ing purposes 25D-10 f~orw~ard tai Consultant all necessan infarmatic~n relating to patient transport services, payments and patient c,iigibility 'Voti~t%r Consultant of any accounts requiring special attentioruhandling • C~6tain signature of patient or guardian • Provide patient's Social Security number 25D-11 25D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AMENDMENT TO AN AGREEMENT INFORMATION TECHNOLOGY AND COMPUTER SUPPORT SERVICES CLERK OF COUNCIL USE ONLY: APPROVED FOR ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Sapphire Technologies, subject to non-substantive changes approved by the City Manager and City Attorney, in an aggregate amount not to exceed $875,000. DISCUSSION The technological advances being implemented by the Fire Department has created the need for expert staffing in the field of information technology and computer support services. In July 2006, City Council approved an agreement with Sapphire Technologies, and amended the agreement for an additional year in 2007. Fire Department is still in need of the computer support services that Sapphire provides and is recommending amending their agreement for an additional year (FY 2008/09), adding $275,000 to the current agreement, for an aggregate amount not to exceed $875,000. FISCAL IMPACT Funds are budgeted in the Fire Department, Fire Information Technology, Other Contractual Services account (account no. Olt-324-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~0~~ ~~r~.~ ~. Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 25E-1 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between Sapphire Technologies LLC, a Delaware corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement N-2006-055 dated June 6, 2006, (hereinafter "said Agreement") by which Consultant has provided information systems and technology staffmg services to the City's Fire Department. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to provide continuous uninterrupted services by Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $275,000.00 to pay for services during the 2008-2009 fiscal year. The total amount to be expended pursuant to said Agreement shall not exceed $875,000.00 during the term of said Agreement. Consultant shall continue to perform those services and accept payment as set forth in Appendix A of said Agreement. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SAPPHIRE TECHNOLOGIES LLC (Name) (Title) 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 7, 2008 TITLE: AGREEMENT FOR HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ~] Implementing Resolution ^ Set Public Hearing For_ ___. CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with AllCorp Partners Acquisition d/b/a AMX Environmental Evolution, Ltd., subject to non-substantive changes approved by the City Manager and City Attorney, for hazardous materials emergency response services for the City of Santa Ana. DISCUSSION In July 2007 the City began using AMX Environmental Evolution, for hazardous materials emergency response services for oil spills, engineering, consulting and hazardous material remediation services. These services are used by various City Agencies, including Police, Fire and Public Works. In FY 2007/08 City Agencies spent $25,000 for hazardous material clean-up and it is anticipated that in FY 2008/09 $35,000 will be needed. Because of the Fire Department's expertise in hazardous material remediation, they have taken the `lead" on this agreement. FISCAL IMPACT Funds are available in various City Agencies budgets, Other Contractual Services account (account no. XXX-XXX-6291) as needed. APPROVED AS TO FUNDS AND ACCOUNTS: -------_ Marc Martin Francisco Gutierrez ~~~ Fire Chief Executive Director -X Fire Department Finance & Management Services Agency 25F-1 FIRST AMENDMENT TQ AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on July 7, 2008, by and between AIICorp Partners Acquisition d/b/a AMX Environmental Evolution, Ltd., a Texas Limited Partnership (hereinafter "AMX'~ and the City of Santa Ana, a charter city and municipal corporation ofthe State of California ("City"). RECITALS: A. The parties entered into Agreement N-2007-085, dated July 1, 2007, (hereinafter "said Agreement") by which Consultant has provided perform hazardous materials emergency response and remediation services. B. In accordance with the terms and conditions of said Agreement, the parties wish to add compensation to allow for uninterrupted services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2.b., COMPENSATION, shall be amended to increase compensation by $35,000 for a total not to exceed amount of $60,000 during the term of said Agreement. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: C1TY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager AMX ENVIItONMENTAL EVOL ~. TONY ROSS .9waet /CEO 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING AND VACCINATIONS (~~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute ,:the attached agreement with Medical Center of Santa Ana, subject to n~ori- substantive changes approved by the City Manager and City Attorney, in an amount not to exceed $70,000. DISCUSSION The City requires annual comprehensive physical evaluations for the Fire Department's sworn personnel. The Police Department offers the service, on a voluntary basis, to all personnel also. The program provides one- on-one feedback, including recommended programs for physical improvements, methods to assist in the early detection and treatment of illnesses or injuries and to assist in minimizing time lost from them. This is the second year the City has used the Medical Center of Santa Ana. Also included in this agreement are low cost flu vaccinations to City employees through the Personnel Services Agency. In July 2007 City Council approved an agreement with Medical Center of Santa Ana for these services. This is a request to amend the agreement for FY 2008/09 adding $70,000 to cover the cost in this fiscal year. 25G-1 Agreement for Physical Examinations July 7, 2008 Page 2 FISCAL IMPACT Funds are budgeted in the fiscal year 2008-09 Fire Department, Fire Suppression, Other Contractual Services account (account no. 11-323-6291, $40,000); the Police Department, Human Resources Division, Other Contractual Services account (account no. 11-332-6291, $25,000); the Personnel Services, Employee Group Benefits, Benefit Payments Wellness account (account no. 81-177-6527, $5,000). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Fire Chief Fire Department Francisco Gutierrez Executive Director Finance & Management Services Agency ;_'<__~ W Paul M. Walters Chief of Police Police Department ~o~ Enrique Alva Executive Director - Personnel Personnel Services Agency 25G-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between Luis D. Rivera, M.D., Inc. dba Medical Center of Santa Ana, a professional corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #2007-138, dated June 18, 2007, (hereinafter '`said Agreement'') by which Consultant has provided medical exams for City's Fire and Police personnel. B !n accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to clarify the services to be provided, add compensation to pay for services during the 2008-09 fiscal year and extend the term of said Agreement for an additional one-year period. V1~'IIEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide comprehensive physical examinations for all Fire sworn personnel and for those Police sworn personnel who elect to see Consultant as part of the annual wellness program, as set forth in Exhibit A-1, attached hereto. Additionally, Consultant shall provide low cost annual flu vaccinations for City employees." 2. Section ~, COMPENSATION, shall be amended to increase compensation by 570,000.00 to pay for services during the 2008-09 fiscal year. 3. The Term of said agreement shall be extended for an additional one-year period, through June 30, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /;' 25G-3 I'v ~~"ITNESS ~~'HEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST. CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W FLETCHER City Attorney Bv. Laura Sheedy :assistant City Attorney APPROVED AS TO CONTENT; DAVID N. RE.a!~4 City Manager MEDICAL CENTER OF SANTA ANA MARC M.aRTI' Fire Chief PAUL M. WALT RS Chief of Police LLIS E. RIVERa.':~I.D. President 25G-4 EXHIBIT A-1 MEDICAL CENTER OF SANTA ANA shall provide comprehensive physical evaluations and additional tests as necessary, for all Santa Ana Fire Department sworn personnel as part of the annual wellness program, and for those Santa Ana Police Department sworn personnel who choose Medical Center of Santa Ana to perform the physical as part of the voluntary annual wellness program*, as follows: Comprehensive Physical Evaluations that include: • Review the results of the Santa Ana College fitness assessment • Review of employee's detailed medical history • Review of the twelve-lead ECG from graded treadmill exercise test • Height and weight measurements • Blood pressure and heart rate measurements • Review of the screening procedures (listed below) • Review of the body's medical systems, including cardiovascular. respiratory, gastrointestinal, genitourinary, endocrine, hematology and musculoskeletal Proposed Bid: $40.00 Screening Procedures include: • Urinalysis • Hemocult • Heavy Metal Screening (bloodworm) • TB test • Vision test • Hearing test • Chest X-Ray (two views) • EKG reading by cardiologist • Complete exam, which includes all components necessary in order to satisfy the DMV Commercial Driver's License Class A Proposed Bid $1 IO.OU Additional Testing • Flexible Sigmoidoscopy or Colonoscopy $200.OU • Treadmill -refer to Cardiologist Ni'A • Flu Vaccine (optional at employer's site) $20.00 • PPD $15.00 25G-5 • Tetanus toxoid $2U.U0 Hepatitis B Surface Antibodies (blood work} $2U.UU '"Medical Center of Santa Ana will not commence any evaluations of Police personnel files until it receives notice from the inditi°idual that heishe will be undergoing the physical at the Medical Center of Santa Ana. Annual Flu Vaccinations Medical Center of Santa Ana will provide low cost flu vaccinations for City employees at the times and locations as agreed between the Santa Ana Personnel Agency and the Medical Center of Santa Ana. 25G-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR COMPREHENSIVE HAZMAT/SWAT PHYSICAL EVALUATIONS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Pulmonary Consultants and Primary Care Physicians Medical Group, Inc., subject to non-substantive changes approved by the City Manager and City Attorney, in the amount of $30,000. DISCUSSION In August 2007 City Council approved an agreement with Pulmonary Consultants & Primary Care Physicians Medical Group for annual HazMat/SWAT physicals, in the amount of $30,000. These physicals detect the general health condition of the employee and the increased risks of respiratory and heart disease linked to exposure to hazardous materials. The Fire and Police Departments are requesting amending this agreement by $30,000, for an aggregate amount not to exceed $60,000. FISCAL IMPACT Funds are budgeted in the fiscal year 2008-09 Fire Department, Fire Suppression, Other Contractual Services account (account no. 11-323-6291, $20,000); and the Police Department, Human Resources Division, Other Contractual Services account (account no. 11-332-6291, $10,000). APPROVED AS TO FUNDS AND ACCOUNTS: G~-~ Marc Martin Fire Chief Fire ~partment Paul M. Walters Chief of Police Police Departmet :) ~ ~ ~ i :~ . ~ , Francisco Gutierrez Executive Director Finance & Management Services Agency ~~; 25H-1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 7`h day of July, 2008 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") and Pulmonary Consultants & Primary Care Physicians Medical Group, Inc. ("Consultant"). RECITALS: City and Consultant entered into Agreement N-2007-192, dated August 20, 2007, (hereinafter "said Agreement"), by which Consultant has provided annual hazardous materials medical examinations for hazardous materials members pursuant to Title 8, Section 5144 of the CALOSHA Respiratory Protection Regulation. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, City and Consultant agree as Io"liows: - 1. Section 2.a., COMPENSATION, shall be amended to add $30,000 to total compensation to pay for services during the extended term of said Agreement. 2. Section 3, TERM, shall be amended to extend the term of said Agreement through June 30, 2009. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to Consultant Agreement on the day and year first set forth above. ATTEST: PATRICIA E. HEALY Clerk of the Council Additional signatures on next page CITY OF SANTA ANA DAVID N. REAM City Manager 25H-2 APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Laura Sheedy PULMONARY CONSULTANTS & Assistant City Attorney PRIMARY CARE PHYSICIANS MEDICAL GROUP, INC.. C~ ~ .~ CLARE BEGGINS Chief Executive Officer 25H-3 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENTS FOR OPERATION OF CONCESSION BUILDING AT THORNTON PARK /C.cf'_ ti CITY MANAGER RECOMMENDED ACTION 1) Authorize the City attached agreement for the operation Park for a two-year to non-substantive Attorney. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Manager and Clerk of the Council to execute the with Santa Ana Girls Fast Pitch Softball League of the existing concession building at Thornton term with two five-year renewal options, subject changes approved by the City Manager and City 2) Authorize the City Manager and Clerk of the Council to execute the attached agreement with Santa Ana Xtreme Softball League for the operation of the existing concession building at Thornton Park for a two-year term with two five-year renewal options, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana constructed the concession building at Thornton Park in 1990. At that time, the Parks, Recreation and Community Services Agency informally authorized Santa Ana Girls Fast Pitch Softball League the use of the concession building during its regularly scheduled practices and games. Santa Ana Xtreme Softball League was later granted permission to use the concession building as well when conducting its tournaments at Thornton Park on intermittent Sundays that did not conflict with Santa Ana Girls Fast Pitch League's reservation schedule. At this time, the City proposes to formalize agreements with both leagues for the shared use of the concession building. Both leagues will use concessions proceeds as a means to generate revenue to reduce registration fees for low-income participants and increase Santa Ana youths' participation in athletic programs. The leagues will be required to sell packaged snacks and drinks of which at least 50o must be of a healthy variety. All revenue derived from the sale of food products will be used to support the leagues' respective youth recreational programs. 251-1 Agreements for Operation of Concession Building at Thornton Park July 7, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with the proposed actions. erardo Mouet, Executive Director Parks, Recreation and Community Services Agency 251-2 NON-EXCLUSIVE LICENSE AGREEMENT FOR OPERATION OF CONCESSION STAND AT THORNTON PARK BY SANTA ANA GIRLS FAST PITCH SOFTBALL THIS LICENSE AGREEMENT (hereinafter "License") is made and entered into on , 2008, between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Licensor"), and the Santa Ana Girls Fastpitch Softball League, a California Non-Profit Public Benefit Corporation (hereinafter "Licensee"). RECITALS A. Licensor constructed a concession stand on real property located at Thornton Park in the city of Santa Ana, state of California, more specifically described in Exhibit "A", Description -Licensed Area, attached hereto (hereinafter "Property" or "License Area"). B. Licensor and Licensee desire to enter into this License whereby Licensee shall be permitted, in accordance with the terms and conditions herein, to operate the City's concession stand located at Thornton Park. 1. GRANT OF LICENSE A. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to use the License Area as a concession stand, more particularly described and shown on Exhibit "A" attached hereto. B. Licensee may not use the License Area for any other purpose or business, other than as a concession stand, without first obtaining Licensor's prior written consent. C. The Director of Parks and Recreation has absolute and final authority to approve or not approve sale at certain events or programs. D. Licensor shall not be held responsible for loss of, or damage to, any personal property left in, on, or about the License Area, or for any improvements made by Licensee on, about, or to the License Area. E. This License is made subject and subordinate to the prior and continuing right of Licensor to enter the License Area, and/or to use the License Area for any and all purposes. F. Licensor makes no warranties or representations concerning the Licensed Area or any means of ingress or egress thereto or therefrom. Licensor agrees to provide gas, water, and electric service to the Licensed Area. NON-EXCLUSIVE LICENSE AGREEMENT 2a~113 8 G. Licensor may, in it sole discretion, upon notice to Licensee, terminate this License in the event that Licensee fails to perform, keep or comply with any covenant, condition, restriction or limitation required by this License to be performed, kept, or complied with by Licensee. 2. DUTIES OF LICENSEE A. Licensee shall provide to Licensor, prior to January 1, 2009, evidence of its status as a valid California nonprofit business entity. B. Licensee is responsible for the maintenance of the interior of the concession stand and will assist in the cleanup of the exterior when selling product. Licensee shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand inside and outside of the immediate concession stand area. C. Licensee shall, at all times for the duration of the agreement, be responsible for all personal appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner. Personal appliances allowed are limited to a refrigerator, microwave, coffee maker, and crock pot. Any other appliances in question shall require the City's prior approval. D. Licensee agrees that no hot plates, grills, open flames, deep fivers, or any appliances that do not have an automatic shutoff device shall be allowed in the concession stand at any time. Licensor, if upon inspection, finds unpermitted appliances or equipment in the facility, shall require Licensee to remove them immediately. E. Licensee shall be responsible for the security of the building property upon cessation of its use, and for the contents of the concession stand. F. The concession facilities shall only be operated by the Licensee, its agents, officers, employees, volunteers, and members, and such operation shall occur only during regularly scheduled Santa Ana Girls Fastpitch Softball games and practices, unless approved by the Executive Director of Parks, Recreation and Community Services Agency. G. At the end or expiration of the term, the Licensee shall deliver up the demised Premises in good order and condition. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. H. Licensee agrees to use the License Area solely for the sale of food products, and conducting business incidental to the operation of Licensee's programs; the storage and/or sale of tobacco and alcoholic beverages or other unhealthy food products or sexual products is expressly prohibited. Licensee is allowed to sell NON-EXCLUSIV~jE LICENSE AGREEMENT La~~?~g packaged snacks and drinks. Licensee will make a good faith effort to sell at least 50% healthy snacks and drinks. I. In exercising the rights herein conferred by Licensor to Licensee, Licensee agrees it must use reasonable care in its use of the License Area. Licensee agrees that any use it makes of the License Area as allowed herein shall be exercised with all reasonable diligence, care and precaution so as to avoid damage or waste to the land, property, improvements within the Licensed Area, or to the personnel of the Licensee. J. Licensee agrees to conform to any reasonable requirements set forth, required, or mandated by the Licensor related to the use of the License Area as a concession stand during the License period. K. Licensee agrees that it has an absolute duty to maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of Licensee, for which costs and expenses Licensee shall be solely obligated. The License Area shall be maintained in a manner consistent with community standards which will uphold the value of the License Area, in accordance with this License, the Santa Ana Municipal Code and all other applicable state and federal statutes and state agency regulations, and any and all local rules, regulations, ordinances and community standards. L. Licensee agrees it shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal, non-exclusive License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License and render this License null and void and invalid for all purposes. M. Licensee agrees that all revenues derived from sales conducted at the concessions stand shall be used solely to support the provision of materials and supplies for youth recreational program, and/or improvements on public property that are reasonable and necessary expenses of Licensee in connection with Licensee's operation of youth recreation programs and that said revenues and expenses shall not inure to the benefit of any individual. N. Licensee agrees to cooperate in the prevention, suppression and abatement of trespass, vandalism, or other conditions existing in or around the Licensed Area, which the Director of Parks, Recreation and Community Services Agency determines to be detrimental to the health, safety or welfare of the public, or that not in the best interests of public recreation, and which the Director directs Licensee to abate. O. Licensee shall comply with all laws, rules, and regulations of the United States of America, the State of California, the County of Orange, the City of Santa Ana and NON-EXCLUSIVE LICENSE AGREEMENT 2P~~e ~of 8 all applicable governmental entities, agencies, boards, commissions, and bureaus thereof in the exercise of this License. 3. TERM The Term of this License shall be from the date that this License is approved by all parties through January 1, 2009. Upon proof ofnon-profit status, this license shall automatically extend to June 30, 2010. If Licensee fails to provide proof of its non-profit status prior to January 1, 2009, this License shall terminate on January 1, 2009. Provided Licensee shows proof ofnon-profit status, this License is subject to renewal for two (2) five-year terms upon six (6) months written notice to Licensor. Such extension shall be solely at the Licensor's discretion. 4. NOTICES Any notice to be given by either Licensor or Licensees shall be deemed to be properly served if and when deposited with the United States Postal Service, postage prepaid, to the addresses below: TO LICENSOR: City of Santa Ana Parks, Recreation & Community Services Agency 20 Civic Center Plaza P.O. Box 1988 (M-23) Santa Ana, CA 92702 Attn: Ron Ono TO LICENSEE: Santa Ana Girls Fastpitch Softball League 3101 S. Fairview #142 Santa Ana, California 92704 Attn: Tessa Santoro, President 5. INSURANCE A. Licensee, and every contractor Licensee hires, shall each maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees, and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. B. Licensee shall, prior to and as a condition precedent of exercising any rights under this License, (i) furnish properly executed certificates of insurance to the Licensor, which certificates shall clearly evidence all coverages required in NON-EXCLUSIVE LICENSE AGREEMENT 25~-6 f 8 Section 7(a) of this Agreement, and agree that such insurance shall not be materially changed or terminated except upon 30 days prior written notice to the Licensor, (ii) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit "B", to the certificates of insurance noted above; (iii) maintain such insurance from the commencement date of this License until the Termination date of same; and (iv) replace such certificates of insurance for policies expiring prior to the termination date of this License. 6. INDEMNITY Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and shall be responsible for any and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair, of the License Area. 7. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the State of California. 8. ENTIRE AGREEMENT This License, together with all attachments and Exhibits hereto, constitutes the entire understanding and Agreement of the Parties. This License supersedes any and all other Agreements, whether oral or written, between the Parties hereto with respect to the terms set forth in this License and contains all the covenants, conditions, terms and Agreements between the Parties with respect to the subject matter herein described. Each Party to this License acknowledges that no representations, inducements, promises or agreements, whether oral or written, have been made by any party, or anyone acting on behalf of any party, with respect to the subject matter herein described, and that no Amendment hereto shall be effective unless set forth in writing, approved by the Licensor and Licensees. 9. INDEPENDENT CONTRACTOR It is understood and agreed by the Parties to this License that Licensee shall, in the performance of the terms and conditions contained herein, be acting in a wholly independent capacity and not as agents, employees, partners, or joint NON-EXCLUSIVE LICENSE AGREEMENT 25~-7 f 8 venturers of the Licensor. This License does not create a tenancy of any nature whatsoever between the Licensor and the Licensee. 10. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall Licensees assign or transfer any of the rights conferred herein without the prior express written consent of the Licensor. 11. ATTORNEY FEES AND COSTS In the event that any action is commenced to enforce payment or performance under this License, or otherwise in connection with this License, the Parties agree that the prevailing party shall be reimbursed by the non-prevailing Party for all costs and attorneys' fees incurred by the prevailing Party in such action. 12. CONFLICT OF INTEREST No member, official or employee of the Licensor shall have any personal interest, direct or indirect, in this License, nor shall any member, official or employee of the Licensor participate in any decision relating to this License which affects his/her personal interests or the interests of any natural or legal person in which he/she directly or indirectly has a beneficial interest. The Parties hereto have executed this personal, non-exclusive, revocable License as of the date and year first written above. LICENSOR: THE CITY OF SANTA ANA By: David N. Ream, City Manager City of Santa Ana By: LICENSEE: Santa Ana Girls Fastpitcb Softball League Tessa Santoro President APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: Jose Sandoval Senior Assistant City Attorney ATTEST: Patricia E. Healy Clerk Of The Council NON-EXCLUSIVE LICENSE AGREEMENT 25~-p f 8 EXHIBIT A DESCRIPTION -LICENSE AREA NON-EXCLUSIVE LICENSE AGREEMENT 25~-9 f g EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702;, their officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza (M- 36), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a NON-EXCLUSIVE LICENSE AGREEMENT 2~~g~f~ NON-EXCLUSIVE LICENSE AGREEMENT FOR OPERATION OF CONCESSION STAND AT THORTON PARK BY SANTA ANA XTREME SOFTBALL LEAGUE THIS LICENSE AGREEMENT (hereinafter "License") is made and entered into on , 2008, between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Licensor"), and the Santa Ana Xtreme Softball League, a California Non-Profit Public Benefit Corporation (hereinafter "Licensee"). RECITALS A. Licensor constructed a concession stand on real property located at Thornton Park in the City of Santa Ana, state of California, more specifically described in Exhibit "A", Description -Licensed Area, attached hereto (hereinafter "Property" or "License Area"). B. Licensor and Licensee desire to enter into this License whereby Licensee shall be permitted, in accordance with the terms and conditions herein, to operate the city's concession stand located at Thornton Park. 1. GRANT OF LICENSE A. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to use the License Area as a concession stand, more particularly described and shown on Exhibit "A" attached hereto. B. Licensee may not use the License Area for any other purpose or business, other than as a concession stand, without first obtaining Licensor's prior written consent. C. The Director of Parks and Recreation has absolute and final authority to approve or not approve sale at certain events or programs. D. Licensor shall not be held responsible for loss of, or damage to, any personal property left in, on, or about the License Area, or for any improvements made by Licensee on, about, or to the License Area. E. This License is made subject and subordinate to the prior and continuing right of Licensor to enter the License Area, and/or to use the License Area for any and all purposes. F. Licensor makes no warranties or representations concerning the Licensed Area or any means of ingress or egress thereto or therefrom. Licensor agrees to provide gas, water, and electric service to the Licensed Area. NON-EXCLUSIVE LICENSE AGREEMENT 2~~ 1 Qf$ G. Licensor may, in it sole discretion, upon notice to Licensee, terminate this License in the event that Licensee fails to perform, keep or comply with any covenant, condition, restriction or limitation required by this License to be performed, kept, or complied with by Licensee. 2. DUTIES OF LICENSEE A. Licensee shall provide to Licensor, prior to exercising any rights herein conferred to it, evidence of its status as a valid California nonprofit business entity. B. Licensee is responsible for the maintenance of the interior of the concession stand and will assist in the cleanup of the exterior when selling product. Licensee shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand inside and outside of the immediate concession stand area. C. Licensee shall, at all times for the duration of the agreement, be responsible for all personal appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner. Personal appliances allowed are limited to a refrigerator, microwave, coffee maker, and crock pot. Any other appliances in question shall require the City's prior approval. D. Licensee agrees that no hot plates, grills, open flames, deep fryers, or any appliances that do not have an automatic shutoff device shall be allowed in the concession stand at any time. Licensor, if upon inspection, finds unpermitted appliances or equipment in the facility, shall require Licensee to remove them immediately. E. Licensee shall be responsible for the security of the building property upon cessation of its use, and for the contents of the concession stand. F. The concession facilities shall only be operated by the Licensee, its agents, officers, employees, volunteers, and members, and such operation shall occur only during licensee's regularly scheduled games, unless approved by the Executive Director of Parks, Recreation and Community Services Agency. G. At the end or expiration of the term, the Licensee shall deliver up the demised Premises in good order and condition. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. H. Licensee agrees to use the License Area solely for the sale of food products, and conducting business incidental to the operation of Licensee's programs; the storage and/or sale of tobacco and alcoholic beverages or other unhealthy food products or sexual products is expressly prohibited. Licensee is allowed to sell NON-EXCLUSIVE LICENSE AGREEMENT 2a~1?12 packaged snacks and drinks. Licensee will make a good faith effort to sell at least 50% healthy snacks and drinks. I. In exercising the rights herein conferred by Licensor to Licensee, Licensee agrees it must use reasonable care in its use of the License Area. Licensee agrees that any use it makes of the License Area as allowed herein shall be exercised with all reasonable diligence, care and precaution so as to avoid damage or waste to the land, property, improvements within the Licensed Area, or to the personnel of the Licensee. J. Licensee agrees to conform to any reasonable requirements set forth, required, or mandated by the Licensor related to the use of the License Area as a concession stand during the License period. K. Licensee agrees that it has an absolute duty to maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of Licensee, for which costs and expenses Licensee shall be solely obligated. The License Area shall be maintained in a manner consistent with community standards which will uphold the value of the License Area, in accordance with this License, the Santa Ana Municipal Code and all other applicable state and federal statutes and state agency regulations, and any and all local rules, regulations, ordinances and community standards. L. Licensee agrees it shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal, non-exclusive License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License and render this License null and void and invalid for all purposes. M. Licensee agrees that all revenues derived from sales conducted at the concessions stand shall be used solely to support the program in providing materials and supplies for the youth recreational programs, and/or improvements on public property that are reasonable and necessary expenses of Licensee in connection with Licensee's operation of youth recreation programs and that said revenues and expenses shall not inure to the benefit of any individual. N. Licensee agrees to cooperate in the prevention, suppression and abatement of trespass, vandalism, or other conditions existing in or around the Licensed Area, which the Director of Parks, Recreation and Community Services Agency determines to be detrimental to the health, safety or welfare of the public, or that not in the best interests of public recreation, and which the Director directs Licensee to abate. O. Licensee shall comply with all laws, rules, and regulations of the United States of America, the State of California, the County of Orange, the City of Santa Ana and NON-EXCLUSIVE LICENSE AGREEMENT Pa e3of8 2~1-13 all applicable governmental entities, agencies, boards, commissions, and bureaus thereof in the exercise of this License. 3. TERM The Term of this License shall be from the date that this license is approved by all parties through June 30, 2010. This License is subject to renewal for two (2) five- year terms upon six (6) months written notice to Licensor. Such extension shall be solely at the Licensor's discretion. 4. NOTICES Any notice to be given by either Licensor or Licensees shall be deemed to be properly served if and when deposited with the United States Postal Service, postage prepaid, to the addresses below: TO LICENSOR: City of Santa Ana Parks, Recreation & Community Services Agency 20 Civic Center Plaza P.O. Box 1988 (M-23) Santa Ana, CA 92702 Attn: Ron Ono TO LICENSEE: Santa Ana Xtreme 2625 W. Harvard Santa Ana, California 92704 Attn: Frank Parga, President 5. INSURANCE A. Licensee, and every contractor Licensee hires, shall each maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees, and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. B. Licensee shall, prior to and as a condition precedent of exercising any rights under this License, (i) furnish properly executed certificates of insurance to the Licensor, which certificates shall clearly evidence all coverages required in NON-EXCLUSIVE LICENSE AGREEMENT Page 4 of 8 251-14 Section 7(a) of this Agreement, and agree that such insurance shall not be materially changed or terminated except upon 30 days prior written notice to the Licensor, (ii) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit "B", to the certificates of insurance noted above; (iii) maintain such insurance from the commencement date of this License until the Termination date of same; and (iv) replace such certificates of insurance for policies expiring prior to the termination date of this License. 6. INDEMNITY Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and shall be responsible for any and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair, of the License Area. 7. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the State of California. 8. ENTIRE AGREEMENT This License, together with all attachments and Exhibits hereto, constitutes the entire understanding and Agreement of the Parties. This License supersedes any and all other Agreements, whether oral or written, between the Parties hereto with respect to the terms set forth in this License and contains all the covenants, conditions, terms and Agreements between the Parties with respect to the subject matter herein described. Each Party to this License acknowledges that no representations, inducements, promises or agreements, whether oral or written, have been made by any party, or anyone acting on behalf of any party, with respect to the subject matter herein described, and that no Amendment hereto shall be effective unless set forth in writing, approved by the Licensor and Licensees. 9. INDEPENDENT CONTRACTOR It is understood and agreed by the Parties to this License that Licensee shall, in the performance of the terms and conditions contained herein, be acting in a wholly independent capacity and not as agents, employees, partners, or joint NON-EXCLUSIVE LICENSE AGREEMENT Page 5 of 8 251-15 venturers of the Licensor. This License does not create a tenancy of any nature whatsoever between the Licensor and the Licensee. 10. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall Licensees assign or transfer any of the rights conferred herein without the prior express written consent of the Licensor. 11. ATTORNEY FEES AND COSTS In the event that any action is commenced to enforce payment or performance under this License, or otherwise in connection with this License, the Parties agree that the prevailing party shall be reimbursed by the non-prevailing Party for all costs and attorneys' fees incurred by the prevailing Party in such action. 12. CONFLICT OF INTEREST No member, official or employee of the Licensor shall have any personal interest, direct or indirect, in this License, nor shall any member, official or employee of the Licensor participate in any decision relating to this License which affects his/her personal interests or the interests of any natural or legal person in which he/she directly or indirectly has a beneficial interest. The Parties hereto have executed this personal, non-exclusive, revocable License as of the date and year first written above. LICENSOR: THE CITY OF SANTA ANA By: David N. Ream, City Manager City of Santa Ana APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: Jose Sandoval Senior Assistant City Attorney LICENSEE: Santa Ana Xtreme By: Frank Parga President ATTEST: Patricia E. Healy Clerk Of The Council NON-EXCLUSIVE LICENSE AGREEMENT Page6of8 251-16 EXHIBIT A DESCRIPTION -LICENSE AREA NON-EXCLUSIVE LICENSE AGREEMENT Page 7 of 8 251-17 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702;, their officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza (M- 36), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a NON-EXCLUSIVE LICENSE AGREEMENT 2~1-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 7, 2008 TITLE: AGREEMENT FOR OPERATION OF CONCESSION BUILDING AT MADISON PARK APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Madison Park Neighborhood Association for the operation of the existing concession building at Madison Park for a two- year term with two five-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Madison Park Neighborhood Association is a community-based organization established in March of 1997. Its goals and objectives are to develop civic participation and unity within the neighborhood and to foster community pride. In addition, the association is committed to preserving neighborhood integrity through education, safety, conservation and restoration activities. To assist the neighborhood association in raising funds to advance its goals and objectives, the Parks, Recreation and Community Services Agency proposes to grant the neighborhood association free use of the existing concession building located within Madison Park. The association will sell food and beverages out of the concession building during special events held by the association at the park, such as its annual Walk-a- Thon, Community Resource Fair and Concert and winter holiday celebration. The neighborhood's use of the building will not conflict with Northeast Little League's use during its regularly scheduled games and practices. The proceeds received from concessions by Madison Park Neighborhood Association will be used to support ongoing neighborhood improvement projects. 25J-1 Agreement for Operation of Madison Park Concession Building July 7, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. w4 ~. ~~ Gerardo Mouet, j Executive Director Parks, Recreation and Community Services Agency 25J-2 NON-EXCLUSIVE LICENSE AGREEMENT FOR OPERATION OF CONCESSION STAND AT MADISON PARK BY MADISON PARK NEIGIIBORHOOD ASSOCIATION THIS LICENSE AGREEMENT (hereinafter "License") is made and entered into on , 2008, between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Licensor"), and the Madison Park Neighborhood Association, a California Non-Profit Public Benefit Corporation (hereinafter "Licensee"). RECITALS A. Licensor constructed a concession stand on real property located at Madison Park in the city of Santa Ana, state of California, more specifically described in Exhibit "A", Description -Licensed Area, attached hereto (hereinafter "Property" or "License Area"). B. Licensor and Licensee desire to enter into this License whereby Licensee shall be permitted, in accordance with the terms and conditions herein, to operate the City's concession stand located at Madison Park. 1. GRANT OF LICENSE A. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to use the License Area as a concession stand, more particularly described and shown on Exhibit "A" attached hereto. B. Licensee may not use the License Area for any other purpose or business, other than as a concession stand, without first obtaining Licensor's prior written consent. C. The Director of Parks and Recreation has absolute and final authority to approve or not approve sale at certain events or programs. D. Licensor shall not be held responsible for loss of, or damage to, any personal property left in, on, or about the License Area, or for any improvements made by Licensee on, about, or to the License Area. E. This License is made subject and subordinate to the prior and continuing right of Licensor to enter the License Area, and/or to use the License Area for any and all purposes. F. Licensor makes no warranties or representations concerning the Licensed Area or any means of ingress or egress thereto or therefrom. Licensor agrees to provide electric service to the Licensed Area. NON-EXCLUSIVE LICENSE AGREEMENT 2~J 3g G. Licensor may, in it sole discretion, upon notice to Licensee, terminate this License in the event that Licensee fails to perform, keep or comply with any covenant, condition, restriction or limitation required by this License to be performed, kept, or complied with by Licensee. 2. DUTIES OF LICENSEE A. Licensee shall provide to Licensor, prior to January 1, 2009, evidence of its status as a valid California nonprofit business entity. B. Licensee is responsible for the maintenance of the interior of the concession stand and will assist in the cleanup of the exterior when selling product. Licensee shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand inside and outside of the immediate concession stand area. C. Licensee shall, at all times for the duration of the agreement, be responsible for all personal appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner. Personal appliances allowed are limited to a refrigerator, microwave, coffee maker, and crock pot. Any other appliances in question shall require the City's prior approval. D. Licensee agrees that no hot plates, grills, open flames, deep fryers, or any appliances that do not have an automatic shutoff device shall be allowed in the concession stand at any time. Licensor, if upon inspection, finds unpermitted appliances or equipment in the facility, shall require Licensee to remove them immediately. E. Licensee shall be responsible for the security of the building property upon cessation of its use, and for the contents of the concession stand. F. The concession facilities shall only be operated by the Licensee, its agents, officers, employees, volunteers, and members, and such operation shall occur only during regular weekdays and weekends, except during little league games/practices and special events, unless approved by the Executive Director of Parks, Recreation and Community Services Agency. G. At the end or expiration of the term, the Licensee shall deliver up the demised Premises in good order and condition. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. H. Licensee agrees to use the License Area solely for the sale of food products, and conducting business incidental to the operation of Licensee's programs; the storage and/or sale of tobacco and alcoholic beverages or other unhealthy food products or sexual products is expressly prohibited. Licensee is allowed to sell NON-EXCLUSIVE LICENSE AGREEMENT 2~J?4g packaged snacks and drinks. Licensee will make a good faith effort to sell at least 50% healthy snacks and drinks. In exercising the rights herein conferred by Licensor to Licensee, Licensee agrees it must use reasonable care in its use of the License Area. Licensee agrees that any use it makes of the License Area as allowed herein shall be exercised with all reasonable diligence, care and precaution so as to avoid damage or waste to the land, property, improvements within the Licensed Area, or to the personnel of the Licensee. J. Licensee agrees to conform to any reasonable requirements set forth, required, or mandated by the Licensor related to the use of the License Area as a concession stand during the License period. K. Licensee agrees that it has an absolute duty to maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of Licensee, for which costs and expenses Licensee shall be solely obligated. The License Area shall be maintained in a manner consistent with community standards which will uphold the value of the License Area, in accordance with this License, the Santa Ana Municipal Code and all other applicable state and federal statutes and state agency regulations, and any and all local rules, regulations, ordinances and community standards. L. Licensee agrees it shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal, non-exclusive License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License and render this License null and void and invalid for all purposes. M. Licensee agrees that all revenues derived from sales conducted at the concessions stand shall be used solely to support the neighborhood association in providing materials and supplies for neighborhood youth recreational programs, and/or improvements on public property that are reasonable and necessary expenses of Licensee in connection with Licensee's operation of youth recreation programs and that said revenues and expenses shall not inure to the benefit of any individual. N. Licensee agrees to cooperate in the prevention, suppression and abatement of trespass, vandalism, or other conditions existing in or around the Licensed Area, which the Director of Parks, Recreation and Community Services Agency determines to be detrimental to the health, safety or welfare of the public, or that not in the best interests of public recreation, and which the Director directs Licensee to abate. O. Licensee shall comply with all laws, rules, and regulations of the United States of America, the State of California, the County of Orange, the City of Santa Ana and NON-EXCLUSIVE LICENSE AGREEMENT Page 3 of 8 25J-5 all applicable governmental entities, agencies, boards, commissions, and bureaus thereof in the exercise of this License. 3. TERM The Term of this License shall be from the date that this License is approved by all parties through January 1, 2009. Upon proof ofnon-profit status, this license shall automatically extend to June 30, 2010. If Licensee fails to provide proof of its non-profit status prior to January 1, 2009, this License shall terminate on January 1, 2009. Provided Licensee shows proof ofnon-profit status, this License is subject to renewal for two (2) five-year terms upon six (6) months written notice to Licensor. Such extension shall be solely at the Licensor's discretion. 4. NOTICES Any notice to be given by either Licensor or Licensees shall be deemed to be properly served if and when deposited with the United States Postal Service, postage prepaid, to the addresses below: TO LICENSOR: City of Santa Ana Parks, Recreation & Community Services Agency 20 Civic Center Plaza P.O. Box 1988 (M-23) Santa Ana, CA 92702 Attn: Ron Ono TO LICENSEE: Madison Park Neighborhood Association 1120 E. Oxford Street Santa Ana, California 92707 Attn: Rose Vasquez, President INSURANCE A. Licensee, and every contractor Licensee hires, shall each maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees, and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. B. Licensee shall, prior to and as a condition precedent of exercising any rights under this License, (i) furnish properly executed certificates of insurance to the Licensor, which certificates shall clearly evidence all coverages required in NON-EXCLUSIVE LICENSE AGREEMENT 2~J46g Section 7(a) of this Agreement, and agree that such insurance shall not be materially changed or terminated except upon 30 days prior written notice to the Licensor, (ii) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit "B", to the certificates of insurance noted above; (iii) maintain such insurance from the commencement date of this License until the Termination date of same; and (iv) replace such certificates of insurance for policies expiring prior to the termination date of this License. 6. INDEMNITY Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and shall be responsible for any and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair, of the License Area. 7. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the State of California. S. ENTIRE AGREEMENT This License, together with all attachments and Exhibits hereto, constitutes the entire understanding and Agreement of the Parties. This License supersedes any and all other Agreements, whether oral or written, between the Parties hereto with respect to the terms set forth in this License and contains all the covenants, conditions, terms and Agreements between the Parties with respect to the subject matter herein described. Each Party to this License acknowledges that no representations, inducements, promises or agreements, whether oral or written, have been made by any party, or anyone acting on behalf of any party, with respect to the subject matter herein described, and that no Amendment hereto shall be effective unless set forth in writing, approved by the Licensor and Licensees. 9. INDEPENDENT CONTRACTOR It is understood and agreed by the Parties to this License that Licensee shall, in the performance of the terms and conditions contained herein, be acting in a wholly independent capacity and not as agents, employees, partners, or joint NON-EXCLUSIVE LICENSE AGREEMENT Page 5 of 8 25J-7 venturers of the Licensor. This License does not create a tenancy of any nature whatsoever between the Licensor and the Licensee. 10. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall Licensees assign or transfer any of the rights conferred herein without the prior express written consent of the Licensor. 11. ATTORNEY FEES AND COSTS In the event that any action is commenced to enforce payment or performance under this License, or otherwise in connection with this License, the Parties agree that the prevailing party shall be reimbursed by the non-prevailing Party for all costs and attorneys' fees incurred by the prevailing Party in such action. 12. CONFLICT OF INTEREST No member, official or employee of the Licensor shall have any personal interest, direct or indirect, in this License, nor shall any member, official or employee of the Licensor participate in any decision relating to this License which affects his/her personal interests or the interests of any natural or legal person in which he/she directly or indirectly has a beneficial interest. The Parties hereto have executed this personal, non-exclusive, revocable License as of the date and year first written above. LICENSOR: THE CITY OF SANTA ANA sy: David N. Ream, City Manager City of Santa Ana APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: Jose Sandoval Senior Assistant City Attorney LICENSEE: Madison Park Neighborhood Association By: Rose Vasquez President ATTEST: Patricia E. Healy Clerk Of The Council NON-EXCLUSIVE LICENSE AGREEMENT Page 6 of 8 25J-8 EXHIBIT A DESCRIPTION -LICENSE AREA NON-EXCLUSIVE LICENSE AGREEMENT Page 7 of 8 25J-9 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702;, their officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza (M- 36), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective _ ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative NON-EXCLUSIVE LICENSE AGREEMENT Page 8 of 8 25J-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT WITH WEST COAST LAND CLEARING FOR DEMOLITION SERVICES FOR BRISTOL STREET WIDENING (PROJECT 08-1700-C) 7 j CITY MANAGER `~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with West Coast Land Clearing, subject to non- substantive changed approved by the City Manager and City Attorney, to provide demolition services for the Bristol Street Widening Project not to exceed $500,000. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street widening project from Warner Avenue to Seventeenth Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. The Public Works Agency has completed the right-of-way acquisition, relocation, and demolition of 95% of properties for Phase I, McFadden to Pine. Right-of-way acquisition for Phase II of the Bristol widening project between Third Street and Civic Center Dr. has just begun. On May 12, 2008 Public Works Agency issued a Request for Proposal (RFP) to several firms to provide demolition services for this project. Only one proposal was received from West Coast Land Clearing in response to the RFP. West Coast Land Clearing has provided demolition services for Phase I of Bristol Project and has been very responsive to the City's need. Because of the firm's experience, client satisfaction and competitive rate, it is recommended that West Coast Land Clearing be retained for the required services. 25K-1 Consultant Agreement West Coast Land Clearing Project No. 08-1700-C July 7, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. oss Executi e Director Public Works Agency Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency 25K-2 CONSULTANT AGREEMENT THIS AGREEMENT, A-2008-_, made and entered into this day of 2008 by and between ., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of demolition services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide demolition services as needed, as set forth in an approved bid proposal specific to each work assigned. Consultant shall provide said services in accordance with its Statement of Qualifications for Demolition Services dated 5/30/08, attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment: for its services, fees associated with an approved and City accepted bid proposal. The total sum to be expended under this Agreement shall not exceed $500,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25K-3 3. TERM This Agreement shall commence on the date first written above and terminate in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant 2 25K-4 pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The 3 25K-5 foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: West Coast Land Clearing P.O. Box 90126 Long Beach, CA 90809-0126 Attn: Rob Thomas, President Telefacsimile (562) 599-2787 25K-6 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25K-7 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Consultant understands and agrees that with regard to federally funded projects Consultant shall give consideration to Disadvantaged Business Enterprise (DBE) firms as specified in 23 CFR 172.5(e), and in accordance with the attached Exhibit 10-1, Caltran's "Local Assistance Procedures Manual" page 10-43-46. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to 6 25K-8 City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25K-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT Rob Thomas President Tax ID# 8 25K-10 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following including countersignature, is required to make this endorsement effective. Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25K-11 25K-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE ORANGE COUNTY PRO- ACTIVE METHAMPHETAMINE LABORATORY INVEST GATION TEAM ts..~`_ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Chief of Police to execute an indemnity agreement in conjunction with the attached Memorandum of Understanding for the Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT). DISCUSSION For many years the Santa Ana Police Department has worked cooperatively with other law enforcement agencies in Orange County to mitigate actual and perceived threats to individual jurisdictions presented by methamphetamine labs. The Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT) utilizes state and federal sources of illicit clandestine laboratory intelligence sources to identify meth laboratory manufacturers operating in the County of Orange. In addition, OCPMLIT actively pursues the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine. A primary objection of this task force is to reduce the availability of methamphetamine in Orange County. Under the proposed agreement, each member agency shall assume responsibility for its participants and will indemnify the other agencies for the sole liability of its participants. FISCAL IMPACT There is no fiscal impact with this action. ~~ Pau M. Walters Chief of Police Police Department 25L-1 MEMORANDUM OF UNDERSTANDING ORANGE COUNTY PRO-ACTIVE METHAMPHETAMINE LAB ORATORY INVESTIGATION TEAM 25L-2 TABLE OF CONTENTS PAGE NAME 3 TASK FORCE FUND 3 MISSION 3 TASK FORCE ORGANIZATION 4 LIABILITY 11 OPERATIONAL LOCATION 11 EQUIPMENT 11 UNDERCOVER DOCUMENTS 12 ASSET SHARING 13 STANDARD OPERATING PROCEDURES 13 REPORTING 16 TERM OF AGREEMENT 16 SIGNATURES 1 ~ 25L-3 I. NAME The name of the already formed task force to which this MOU pertains is the Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT), hereafter referred to as "The Task Force". II. TASK FORCE FUND The operations of the Task Force shall be funded in part, as described herein, by grant monies received from the State of California, United States Government or other public entities in accordance with the Grant Award Documents. Said funds are hereinafter called "Task Force Funds". Task Force Funds are normally deposited with the County of Orange on a quarterly basis. The County of Orange, acting through the Orange County Auditor- Controller in cooperation with the Orange County Sheriff's Department, shall receive from the State, United States Government or other public entities, administer, and disburse in accordance herewith all Task Force Funds. Task Force Funds shall be expended and disbursed only for the purposes described herein. III. MISSION Pro-actively seek out and eradicate methamphetamine labs in the County of Orange. A. Obiectives Reduce the availability of methamphetamine in Orange County. 2. Pro-actively target, investigate, and arrest methamphetamine laboratory operators in the County of Orange, thereby improving public safety by eradicating hazardous methamphetamine laboratories. 3. Utilize state and federal sources of illicit clandestine laboratory intelligence sources to identify meth laboratory manufacturers operating 3 25L-4 in the County of Orange. 4. Actively pursue the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine. 5. Utilize the Drug Endangered Children (DEC) program when children are found at a lab site (Level 1 Children) or when it is discovered that children are being directly exposed to drug usage either directly or indirectly (Leve12 Children). The DEC program utilizes amulti-discipline approach combining the resources of the District Attorney's Office, Law Enforcement, Child Protective Services and Health Professionals. 6. Work cooperatively with all law enforcement agencies in Orange County to provide a ready resource for police assistance in mitigating actual and perceived threats to individual jurisdictions presented by methamphetamine labs. IV. TASK FORCE ORGANIZATION A. Task Force Council The Task Force Council directs the law enforcement operations of the task force. The committee is comprised of members of the Orange County Chiefs of Police and Sheriff's Association, which will include the District Attorney, Sheriff, the Police Chiefs of the participating agencies, Orange County Probation and the Bureau of Narcotic Enforcement, Special Agent in Charge. Members of the Task Force Council or their designees meet as required to review task force operations and provide direction, guidance and input. The members of the Task Force Council elect the Chairperson. Quorum voting of the committee is by majority vote and 4 25L-5 shall be by committee members only. Committee vacancies are filled by a majority vote of the Task Force Council. B. Task Force Commander The Task Force Commander's position will be staffed by a Special Agent Supervisor, provided by the California Department of Justice, Bureau of Narcotic Enforcement. The Task Force Commander will be responsible for the management responsibilities of the task force and will report directly to the Special Agent in Charge of the Bureau of Narcotic Enforcement, Orange Regional Office. The Task Force Commander will be directly accountable to the Task Force Council for task force operations. The Task Force Commander will dedicate that time necessary to efficiently manage the task force. The Task Force Commander's salary and benefits will not be reimbursed by the Task Force Fund, with the exception of overtime compensation. C. Supervision The Orange County Pro-Active Methamphetamine Laboratory Investigation Team will be comprised of one (1) investigative team assigned by the Task Force Commander as dictated by clandestine manufacturing trends and locations. Supervision of the team will be provided by a Sergeant, as a working member of the team. Selection of the Supervisor will be based upon level of expertise, past work performance, and availability. Selection of the Supervisor will be from qualified members provided by participating agencies. This selection will be the responsibility of the Task Force Commander with the concurrence of the Task Force Council. Salaries and benefits associated with the Supervisor will be reimbursed by 25L-6 the Task Force Fund to the participating agency. D. Prosecution Staff This District Attorney's Office will assign one (1) full-time Prosecutor to work with task force members. The Prosecutor will be available to provide legal review and will file task force cases warranting a criminal complaint. The assigned Task Force Supervisor will act as liaison with the assigned prosecuting attorney by serving as a liaison between the attorney and the task force members in the investigation and filing of criminal cases and the preparation of cases for trial. The salary and benefit for this position will be reimbursed by the Task Force Fund to the Office of the District Attorney. E. Investigators The task force will be staffed by qualified investigators recommended for assignment by the participating agencies. Assignment to the task force shall be for a minimum of two years. Thereafter, the individual's officer's parent agency may determine the duration of its own officer's service on the Task Force. Consideration for placement on the task force is given based upon past job performance, investigative experience, and the ability to work with others in a close, team relationship. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and assigned to other duties at his/her department. If the Task Force Commander determines that it would be appropriate to replace or remove a member, the Task Force Commander will discuss the issue with the contributing parent agency. If the participating agency does not concur with the decision of the Task 6 25L-7 Force Commander to remove and replace the participating member, the issue shall be forwarded to the Special Agent in Charge for resolution. If the agency does not concur, the issue will be forwarded to the Task Force Council for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. Salaries and benefits associated with these investigators will be reimbursed from the Task Force Fund to the participating agencies. F. Administrative Support Staff The Orange County Sheriff's Department shall provide the assistance of one (1) part-time clerical position to the task force. This position will be responsible for assisting with the day-to-day processing of investigative reports and documents associated with the task force operation. In addition, this position will also be responsible for the preparation of monthly and quarterly accountings of salaries, overtime and all expenditures of the task force personnel. The salary and benefits for this position will be reimbursed by the Task Force Fund. G. Probation Officer The assigned Deputy Probation Officer(s) will be responsible for educating PROACT members on probation searches and the Probation Department's procedures regarding confidential informants; target probationers with a history of meth use, sales and manufacturing; provide PROACT with leads and intelligence when appropriate; organize field operations and conduct searches; select targets suitable for surveillance rather than a random search; obtain no bail holds on probationers arrested by the team; prepare and file probation violation petitions; provide K-9 assistance when appropriate; monitor probationers who are actively 7 25L-8 working as confidential informants for PROACT; testify in court as appropriate and attend PROACT meetings. The Deputy Probation Officer(s) will not be trained or expected to perform actual clandestine laboratory processing; write new law violation reports; prepare BNE Operations Plans or investigative reports; or conduct extensive field surveillance. Reimbursement for overtime accrued by the assigned Deputy Probation Officer (s) will be reimbursed to the Orange County Probation Department by the task force fund in an amount not to exceed $10,000.00. H. Fiscal Procedures. 1. Salaries and Benefits The State of California will not be reimbursed from the Task Force Fund for the salaries and benefits of the Task Force Commander, except approved overtime and representatives from the California Department of Justice participating in the task force. The salary, benefits, and approved overtime for all remaining members of the Task Force will be reimbursed from the Task Force Fund to the participating agencies that employ the members. The Task Force Funds are intended to reimburse agencies at a rate such as to allow for the replacement of personnel assigned to the Task Force. Those rates for approximate salaries and benefits are set forth on Exhibit A, which is attached hereto and incorporated herein by reference. 8 25L-9 It shall be the responsibility of the Task Force Commander to institute a system of checks and balances whereby the hours of each participant are authorized and audited for accuracy; the information will be reported to the Sheriff's Department Financial Services on a quarterly basis, with a copy submitted to the Task Force Accountant. The Task Force Commander will also retain a copy of this record. An agency must assign its personnel full-time to the Task Force to qualify for either replacement funds or overtime, except as noted below: The District Attorney's Office will be allowed to assign a'h time District Attorney Investigator. This position will be reimbursed at'h of the Sheriff's Investigator's salary and reimbursement rate. Administrative processing costs to determine payroll which are incurred by participating agencies, will not be reimbursed. 2. Participant Claims for Reimbursement Participating agencies shall request distribution of revenues for salary, benefits and overtime at the rates indicated in Exhibit A. Requests for reimbursement from the parent agency shall be submitted to the Task Force Commander for approval and subsequent processing through the Orange County Sheriff's Department Financial and Administrative Services Division. A format for claiming expenses will be instituted in conjunction with Sheriff's Department financial personnel and will require submittal of appropriate payroll and expense information, and coordinated with the parent 9 25L-10 agency for claiming purposes. Payment of the claim will be processed as soon as possible. All purchases and claims must comply with County and Sheriff Department procedures governing purchasing, invoicing, use of petty cash, travel and any related financial transactions. In the unlikely event that Task Force Funds are insufficient to fully reimburse participating agencies as described herein, reimbursement shall be made on a pro-rata basis. In no event will general revenues of the County of Orange or the California Department of Justice be used to offset any such shortage. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be submitted to the Task Force Supervisor/Sergeant on an approved claim form specific to task force operations. Such claims shall be approved by the Task Force Commander. Upon approval, the Task Force Commander shall forward the reimbursement claim to the Orange County Sheriff's Department Financial Services Division for approval, and if approved, for payment. 3. Right to Audit Each party to this agreement shall make available to authorized representatives of the County of Orange, at all reasonable times, its payroll and other records related to this agreement. The County or an independent auditor may audit such records. If an audit determines that ineligible costs have been reimbursed, the agency shall immediately repay to the Task Force Fund the amount determined to be ineligible. If not repaid within thirty days, the County may also hold the amount determined to be ineligible from future reimbursements. 10 25L-11 The parties shall maintain the original copies of all records related to task force expenses and reimbursement for a period of three years after the date the expense is reimbursed. V. LIABILITY, INDEMNIFICATION AND HOLD HARMLESS Each participating agency shall retain full financial responsibility for its personnel assigned to the task force, for all vehicles and other equipment owned or leased by the party, and for any injury claims, including workers' compensation claims, made by its personnel. Each participating agency shall defend, indemnify and hold harmless all other participating agencies and their officers and employees from and against any and all liability, losses, claims or damages whatsoever, resulting from the acts or omissions of the indemnifying agency or its officers or employees related to the task force or from any defects in vehicles or other equipment owned or leased by the indemnifying agency and used in connection with the task force. Each participating agency agrees to be financially responsible for all toll road charges incurred by its personnel while operating a County leased or owned vehicle. Each participating agency agrees to be financially responsible for any property damage to a County leased or owned vehicle operated by its personnel. Each participating agency further agrees to be financially responsible for any tortious act or omission by its personnel resulting from its personnel's use of a County leased or owned vehicle. VI. OPERATIONAL LOCATION The California Department of Justice, Bureau of Narcotic Enforcement, Orange Regional Office shall provide space to house the task force participants and related equipment. The California Department of Justice will absorb the cost of the space provided to the task 11 25L-12 force and will not acquire any payment from the Task Force Fund. VII. EQUIPMENT The Task Force Supervisor and Task Force Commander will be accountable for equipment assigned to the task force and will utilize approved county procedures for accounting for and safeguarding fixed assets. All task force equipment purchased by grant funds will be properly tagged and placed in an inventory list that will be kept at the task force. A. Vehicles The task force will use rental vehicles for its operations. Maintenance of vehicles will be provided by the rental agency. Fuel costs will be covered by gas credit cards. The Task Force Funds will cover vehicle leasing and fuel costs. B. Communication Equipment An appropriate number of radios and cellular telephones may be acquired in cooperation with the Orange County Sheriff's Department Communications Division, using Task Force Funds as approved by the Task Force Council. The Task Force Council shall develop procedures to ensure proper use and accountability of this equipment. C. Other Equipment Other equipment, including in-house covert equipment, office equipment, computers, hand tools, cameras, video equipment, etc., may be purchased with monies from the Task Force Fund and provided to members from the task force. Situations requiring air support, unique vehicles, and other unique items will require cooperative scheduling and assistance from other member departments. 12 25L-13 VIII. UNDERCOVER DOCUMENTS The use of covert identities to support and enhance undercover operations is essential. This will require that investigators possess undercover California licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with participating agencies. Investigators will be expected to bring covert documents with them at the time of assignment. IX. ASSET SHARING Task force operations which result in the potential for either state or federal asset seizure shall be submitted on a DAG-71 Form to the Special Agent in Charge. All forfeited assets will be deposited in the Task Force account code 300-348-9200-0034 which is maintained by the County of Orange. The Task Force Commander may authorize an expenditure of these funds for necessary items, including equipment, travel, and training up to the amount of $1000.00; expenditures of $1000.00 - $5000.00 require approval of the Task Force Council Chairperson; and any expenditures over $5000.00 require a majority Task Force Council approval. These funds may also be distributed among the participating task force agencies as determined by the Task Force Council. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Procedures Manual (SOP), which shall be prepared by the Task Force Commander, with the assistance of the Task Force Supervisor. The completed SOP will be subject to review and approval of the Task Force Council. The SOP shall specify policies and procedures for task force operations and shall include the following specific items. 13 25L-14 A. In any case where polices and procedures of the task force conflict with those of the members parent agency, the members shall abide by the policies of his or her own agency. 1. Any member not satisfied with the actions or enforcement of any provision of the SOP by the Task Force Supervisor may take the matter directly to the Task Force Commander either in writing or by scheduling an appointment. The Task Force Commander shall have the final authority to resolve all matters pertaining to the SOP. 2. Should any member remain unsatisfied with the decision of the Task Force Commander, the parent agency of such member [not the member] may elect to pursue the matter further with the Task Force Council. The decisions of the Task Force Council shall be final and binding on both the member and the parent agency. 3. In the event that any action taken by the Task Force Supervisor, Task Force Commander or Task Force Council results in the loss of any property interest or other protected interest of any member, the member's remedy for such loss shall remain with his or her parent agency according to such agency's procedures. B. The investigation of an officer-involved shooting shall be conducted according to the Orange County Chiefs of Police and Sheriff's Association Officer-Involved Shooting protocol. C. Vehicle accidents will be handled by the agency having jurisdiction at the location in which the incident occurs. Involved member will report any accident pursuant to 14 25L-15 parent agency policy/procedure. Nothing precludes further investigation or concurrent investigation by an officer's parent agency. Injured personnel will be taken to the most immediate and competent medical facilities available. D. In the event of a chemical exposure or injury sustained at a clandestine laboratory site, the onsite supervisor will make arrangement to have the individual or individuals assessed if necessary at the nearest qualified trauma center. If the exposure is not life threatening the individual shall be taken to St. Joseph's Hospital emergency treatment facility located in the city of Orange, unless prior arrangements have been made with the parent agency. The parent agency of the involved team member will be notified of the incident immediately. Per the Bureau of Narcotic Enforcement Clandestine Lab manual, an investigation will be conducted on the incident by a Board of Inquiry. A copy of the findings of the Board will be supplied to the members of the Executive Board. E. Voluntary release to the media of information regarding task force operations will be coordinated through the Task Force Supervisor, with the approval of the Task Force Commander. Media releases involving joint investigations with one or more Orange County agencies will be coordinated with the Task Force Council and those agencies prior to the release of information if time permits. The Task Force Commander will apprise the Chairman of the Task Force Council of all incidents, which may result in significant media interest. The Task Force Council will determine what course of action will be taken in releasing significant event information. F. Evaluation and investigations of citizen's complaints against task force members, or 15 25L-16 internal investigations about task force members shall be handled by the parent agency. Disciplinary actions will be approved solely by the parent agency. The parent agencies will provide the name, rank, and telephone number of a "liaison supervisor" who will assist the Task Force Commander with inquires of mutual concern. Internal discipline problems will be addressed by the Task Force Commander and documented when necessary. Continued failure to abide by task force policies and procedures may result in removal from the task force at the recommendation of the Task Force Commander with concurrence of the Task Force Council. XI. REPORTING A. The Task Force Commander will be responsible for recommending a reporting system which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as a basis for quarterly reports to the Task Force Council and will ensure the accountability of personnel and equipment resources. B. The Task Force Commander will provide the Task Force Council and BNE Headquarters with an annual report of activity no later than March 15`i' of each year. XII. TERM OF AGREEMENT AND TERMINATION A. This MOU shall commence on July 1, 2008 and terminate on June 30, 2013. B. Participating agencies may elect to withdraw from this MOU prior to its designated termination date. Any agency desiring to withdraw shall indicate such intent in writing to the Task Force Council. The withdrawal shall take effect not less than thirty days after receipt of the written communication or upon a date established by 16 25L-17 mutual agreement. Notwithstanding its withdrawal, a withdrawing agency shall remain fully liable for all its obligations under this MOU incurred prior to withdrawal. Should there be any significant changes of manpower and/or resources by any of the member agencies, a new MOU will be prepared by the Task Force Commander. C. Nonappropriations: The parties acknowledge that funding or portions of funding for this agreement may be contingent upon State budget approval, receipt of funds from and/or obligation of funds by the State to County and inclusion of sufficient funding for the services hereunder, in the budget approved by County's Board of Supervisors for each fiscal year covered by this agreement. If any such approval, funding or appropriations are not forthcoming or are otherwise limited, the County may immediately modify or terminate this agreement without penalty. XIII. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this MOU, concur with and support the Orange County Pro-Active Methamphetamine Laboratory Investigation Team Task Force as set forth in this MOU and for the period and purposes stated herein 17 25L-18 Jack Anderson, Assistant Sheriff Acting as Sheriff-Coroner County of Orange Tony Rackauckas, District Attorney County of Orange Joseph M. Polisar, Chief of Police Garden Grove Police Department Garden Grove, California Tom Monson, Chief of Police Buena Park Police Department Buena Park, California Paul Walters, Chief of Police Santa Ana Police Department Santa Ana, California Michael Messina, Chief of Police Brea Police Department Brea, California Colleene Preciado, Chief Probation Officer County of Orange 18 Date Date Date Date Date Date Date 25L-19 Dennis Kies, Chief of Police La Habra Police Department La Habra, California Craig R. Hammer, Special Agent Supervisor Bureau of Narcotic Enforcement Orange Regional Office California Department of Justice JOHN GAINES, Chief Bureau of Narcotic Enforcement Division of Law Enforcement California Department of Justice TINA MEDICH, Assistant Bureau Chief Office of the Director, Executive Unit Division of Law Enforcement California Department of Justice DAVID HARPER, Assistant Director Division of Administrative Support California Department of Justice 19 Date Date Date Date Date 25L-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with the Airborne Law Enforcement Services Joint Powers Authority for law enforcement helicopter services in an annual amount not to exceed $245,000, for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE is a regional helicopter program, which combines the airborne resources of the City of Costa Mesa and the City of Newport Beach to provide enhanced law enforcement services to participating agencies. The intent of the program is to make helicopters more available and affordable to law enforcement agencies throughout the region. Law enforcement helicopters allow the Police Department to continue to provide a rapid and enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. The agreement provides for services from July 1, 2008 through June 30, 2008. A portion of this program is being funded by the Community Development Block Grant Program and will comply with the program regulations. In addition, the Santa Ana Police Department will provide one full-time sworn police pilot/observer to the ABLE program and, in exchange, receive a credit of $159,531 to reduce the cost to $245,000. 25M-1 Agreement for Law Enforcement Helicopter Services July 7, 2008 Page 2 FISCAL IMPACT Funds will be available in the FY 2008-09 Community Development Block Grant fund (account no. 135-149-6931) and in the Police Department's Patrol Services fund (account no. 11-337-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ Paul M. Walters Chief of Police Police Department Nancy T. dwards Acting Executive Director Community Development Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25M-2 AIRBORNE LAW ENFORCEMENT SERVICES AGREEMENT (SUBSCRIBER) This Agreement is made by and between the Airborne Law Enforcement Services Joint Powers Authority ("ABLE") and the City of Santa Ana ("AGENCY") based on the following: A. ABLE, through its Member Agencies (City of Costa Mesa and City of Newport Beach), employs, maintains, trains and equips personnel capable of responding to requests for law enforcement helicopter services from ground based law enforcement personnel. B. AGENCY is responsible for providing law enforcement services within its jurisdiction, which include law enforcement helicopter services. C. AGENCY requires the services of ABLE to provide law enforcement helicopter services to its land and residents. D. AGENCY has prior to the effective date of this Agreement, adopted a resolution authorizing certain of its employees to sign this Agreement and make requests for law enforcement helicopter service for the AGENCY. TERM This Agreement shall commence on July 1, 2008 and end on June 30, 2009. PURPOSE 1.01 The purpose of this Agreement is to provide law enforcement helicopter services to AGENCY'S land and residents and for AGENCY to pay for the cost of the services provided by ABLE. 1.02 Nothing in this Agreement shall be interpreted to give AGENCY a right to services from ABLE. ABLE expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing law enforcement helicopter services to AGENCY pursuant to this Agreement. AGENCY acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. AGENCY agrees that ABLE will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. 1.03 Notwithstanding anything in the Agreement to the contrary, the AGENCY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate 1 25M-3 and control all equipment, facilities, properties and personnel in providing ground based public safety services to its land and residents. 1.04 This Agreement shall not alter, amend, supersede or modify any of the provisions of the Joint Powers Agreement for Airborne Law Enforcement Services, dated October 25, 1999, and as amended ("JPA "). II SERVICES 2.01 ABLE, through its Member Agencies, will furnish the AGENCY with public safety helicopter services as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and subject to the limitations in the JPA. The term of the Agreement shall be for one (1) year, subject to renewal for successive one (1) year terms as mutually agreed to by the parties. ABLE, the Member Agencies and helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 In no event shall ABLE, the Member Agencies or the aircrew be responsible for the direction and control of ground based law enforcement personnel and equipment of AGENCY during the course and scope of the services performed pursuant to this Agreement. III AGENCY DUTIES 3.01 AGENCY shall pay ABLE a subscriber cost, as determined by ABLE pursuant to Paragraph 4.01 of this Agreement, for services provided by ABLE under this Agreement. The services performed by the ABLE aircraft shall commence as of the date and time the aircraft is dispatched to or arrives over the airspace of the AGENCY, whichever occurs first. These services shall continue until the aircrew notifies the AGENCY that the assignment is completed or terminated due to higher priority assignments. Services performed by ABLE Aircraft for the AGENCY shall be defined as: A. A direct request for air support services by the AGENCY where an ABLE aircraft arrives over the incident as logged by the aircrew (operationally identified as a "D-1" call) or; B. Any public safety call generated by the AGENCY and monitored by an ABLE aircrew in which they arrive over the incident as logged by the air crew (operationally identified as a "D-2" call) or; C. Routine patrol over AGENCY's jurisdictional areas. The AGENCY may authorize its ground based public safety supervision to cancel a response as defined under subsection B. 2 25M-4 3.02 AGENCY agrees to comply with the FAR Part 91 and Operations Manual Section 4085 in making calls for services, which establishes priority for calls to ABLE. 3.03 AGENCY agrees to install within its communications/dispatch center any radio equipment necessary to communicate directly with ABLE on the designated "ABLE CALL" frequency (800 MHz Talk Group). All costs associated with said installation will be paid by AGENCY. 3.04 AGENCY shall provide afull-time sworn police sergeant employed by the AGENCY for use by ABLE in providing law enforcement helicopter services. AGENCY shall receive a credit against monthly service charges as provided in Section 4.02. IV ABLE COLLECTIONS 4.01 AGENCY shall pay the rate, set forth in Exhibit "A" to ABLE for services provided to AGENCY under this Agreement. Upon thirty (30) days written notice to AGENCY, ABLE may adjust the rate in Exhibit A based on ABLE's annual operating cost and the average time per call. AGENCY shall pay the monthly rate set forth in Exhibit "A" for the preceding month of service. 4.02 AGENCY shall receive a credit for the provision of a full-time sworn police sergeant from AGENCY to ABLE as set forth in Section 3.04. Such credit shall be equal to the cost to AGENCY for the salary and benefits for each month the sergeant is utilized by ABLE. The credit shall be included in the total service provided to the AGENCY as set forth in Exhibit "A". A credit shall not result in a refund of monies paid by AGENCY to ABLE. A credit shall not be transferred by AGENCY to another public agency. 4.03 ABLE will provide the AGENCY with a monthly statement detailing all calls for service and time spent on routine patrol over the AGENCY'S jurisdiction as provided by ABLE aircrews. The AGENCY shall notify the ABLE Bureau Commander within ten (10) days of receipt of the monthly statement of any disputed calls for service in which they are billed. The Bureau Commander and the AGENCY Supervisor will review the service provided by ABLE on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A". The Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A". V INDEMNIFICATION AND WAIVER 5.01 AGENCY agrees that ABLE and the Member Agencies should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to ABLE and the Member Agencies. AGENCY acknowledges that ABLE would not provide 3 25M-5 services in the absence of the commitments of AGENCY as specified in this Agreement. 5.02 AGENCY shall defend, indemnify and hold harmless ABLE and the Member Agencies, and their respective officers, employees, contractors, agents and representatives, with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the performance of services by ABLE or the Member Agencies within the AGENCY'S jurisdiction, except those which arise out of the sole negligence of ABLE. The obligation of the AGENCY pursuant to this section extends, without limitation, to any injury, death, loss or damage which occurs within the AGENCY'S jurisdiction and which is sustained by any third party, any employee or contractor of ABLE and to such contractor's employees. 5.03 ABLE shall defend, indemnify and hold harmless AGENCY and its officers, employees, contractors, agents and representatives, with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the negligent performance of services by ABLE or the Member Agencies within the AGENCY's jurisdiction. The obligation of ABLE pursuant to this section extends, without limitation, to any injury, death, loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by any third party, any employee or contractor of AGENCY and to such contractor's employees. 5.04 In the event that liability is imposed on AGENCY and ABLE, any Member Agency, or their respective officers, employees, agents or representatives, that arises out of or is in any way related to providing law enforcement helicopter services pursuant to this Agreement, or the existence of any emergency within AGENCY'S jurisdiction, AGENCY and ABLE (including its member agencies and their respective officers, employees, contractors, agents and representatives) shall mutually defend and indemnify each other in proportion to their share of liability on a comparative fault basis. Nothing in this Section shall in any way alter or modify the provisions of Section 5.02 and or Section 5.03. 5.05 With regard to any sworn police officer or employee provided by AGENCY to ABLE pursuant to Section 3.04, or any other provision of this Agreement, the following provisions shall apply: A. AGENCY shall defend and indemnify ABLE, any Member Agency, or their respective officers, employees, agents or representatives for any liability resulting from any negligence on the part of said sworn police officer or employee arising out of his/her acts undertaken for or on behalf of ABLE. B. AGENCY and any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall release ABLE, any Member Agency, and their respective officers, employees, agents or representatives from any liability for injury or damage sustained by said sworn police officer or employee arising out of his/her activities for or on behalf of ABLE. C. Any sworn police officer or employee provided to ABLE pursuant to Section 3.04 is and shall be acting at all times as an employee of the AGENCY and not as an employee of ABLE or the Member Agencies. AGENCY shall secure, at its expense, and be responsible for any and 4 25M-6 all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation and other payroll deductions of such sworn police officer or employee of the AGENCY. Any and all liability for workers compensation benefits that maybe due to any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall remain the responsibility of the AGENCY that supplied said employee. Neither ABLE, nor any Member Agency, their respective officers, their employees, agents or representative shall have any liability to said sworn police officer or employee for workers compensation benefits. VI JPA CONSISTENCY 6.01 The provisions of this Agreement shall be interpreted in light of, and in a manner consistent with, the JPA. In the event of any conflict between the provisions of the JPA and this Agreement, the provisions of the JPA shall control. AGENCY agrees to perform all duties required of it pursuant to the JPA as presently constituted or as hereafter amended. 6.02 AGENCY agrees to the indemnification provisions of Paragraph 5.05 of the JPA, which is incorporated herein by this reference. ABLE has obtained liability insurance coverage for helicopter services provided to AGENCY under this Agreement as set forth in Exhibit B, and AGENCY will be added as an additional insured under the policy on execution of this Agreement, and receive notice if the policy is canceled. VII MISCELLANEOUS PROVISIONS 7.01 Each of the parties to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement or the JPA. 7.02 Each of the Parties to this Agreement shall cooperate with one another in the defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to this Agreement or the JPA, as well as any effort of ABLE to collect money from persons or entities responsible for any request for law enforcement helicopter services. To the extent reasonably feasible, ABLE and Agency agree to submit to binding arbitration, before a JAM judge or similar agency mutually acceptable to the parties, any disputes concerning the interpretation of this Agreement and arising out of the performance of this Agreement. Furthermore, any such arbitration shall be commenced within thirty (30) days of written notice given by one party to the other party on the demand for arbitration, and the arbitration award shall be final to the extent permitted bylaw. 7.03 Each of the Parties to this Agreement may terminate this Agreement for any reason upon one hundred twenty (120) days prior written notice. 7.04 The validity of this Agreement, and any of its terms and provisions, as well as the rights and duties of the Parties, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of California. 5 25M-7 IN WITNESS WHERE OF, the parities hereto have executed this Agreement the day and year first above written. CITY OF SANTA ANA DAVID N. REAM, City Manager ABLE John lein, Chair ABLE Board of Governors ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police ATTEST: CHRIS SALENKO Secretary to Board of Governors APPROVED AS TO FORM: %' ~~" ~~~ ~ / ~ ~ ' 1 Rob Morton ABLE Legal Counsel y4 .. -~~ 6 25M-8 EXHIBIT "A" The fees set forth in this exhibit represents the total cost of service provided by ABLE to the City of Santa Ana, referred to herein as AGENCY. The service provided by ABLE will coincide with available funds and credits as provided for in the following table. Service is based on ABLE's hourly operating cost and amortized over the entire contract period on a monthly basis. The billing shall be divided into twelve equal monthly payments of $33,710.92, less the employee credit of $13,294.25 for a total of $20,416.67. The AGENCY shall provide afull-time sworn police sergeant from Santa Ana for supervisor/pilot duties, for which AGENCY will receive a credit toward the total cost for service provided by ABLE. The cost for the officer is $159,531 for the period from July 1, 2008 to June 30, 2009 (twelve months). The subscriber discount hourly operating rate for ABLE is $1,215.85 as established by the ABLE Board of Governors on March 20, 2008. PERIOD COVERED -July 1, 2008 to June 30, 2009 (twelve months). SANTA ANA BUDGET 5245,000 EMPLOYEE CREDIT (Total Comp) $159,531 TOTAL $404,531 Flight Hours @ $1,215.85 per hour 332.7 hours Number of Helicopter Shifts 730 shifts Flight Time per Shift 27 minutes Flight Time per Day 54 minutes Management of flight time provided to the AGENCY shall be the responsibility of the ABLE Bureau Commander. Flight time over the City will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The AGENCY will be provided with a detailed log of calls and flight time for each monthly billing period. Due to the inherent unknown nature in the need for airborne law enforcement service, ABLE will adjust daily service levels to coincide with the above table. In recognition that it will not always be possible to meet this goal (by either exceeding or falling short), ABLE will compensate for variations to arrive at an appropriate "daily average", on a monthly basis. Section 3.04 of this Agreement provides for the assignment of a full-time sworn police sergeant to ABLE to serve as a supervisor/member of the flight crew. This supervisor will maintain all responsibilities of the ABLE Helicopter Sergeant as defined in the ABLE Operations Manual. ABLE will require that this supervisor meet all of the qualifications and requirements as set forth in the ABLE 25M-9 Operations Manual for Pilots and Certified Flight Instructors. This supervisor will be subject to and meet all of the requirements for pilots as set forth in the ABLE Pilot Training Program. This training will be provided by ABLE personnel and designated professional training facilities with all associated costs being the responsibility of the AGENCY. The cost of such training is in addition to the cost for helicopter service set forth in this Exhibit "A" and will be billed directly to the AGENCY. The AGENCY agrees to provide ABLE with two designated officers, who will serve as tactical flight officers, for the purpose of providing vacation and sick leave relief. The AGENCY agrees to make this officer available for training pursuant to the ABLE Helicopter Observer Training Program. This officer will serve in a pool of personnel trained to fill shortfalls due to vacation, sick leave and miscellaneous unscheduled absences. The cost for this position is approximately equivalent to the vacation and sick leave accrued annually by the current Santa Ana police sergeant serving as the ABLE Sergeant/Pilot. ABLE shall participate in the selection process for officers assigned to the unit as flight crewmembers and reserves the right to revoke assignments without cause. Officers assigned to the ABLE program pursuant to this agreement shall meet all requirements set forth in the ABLE Operations Manual. 2 25M-10 .~ AIRBORNE LAW ENFORCEMENT SERVICES AGREEMENT (SUBSCRIBER) This Agreement is made by and between the Airborne Law Enforcement Services Joint Powers Authority ("ABLE") and the City of Santa Ana ("AGENCY") based on the following: A. ABLE, through its Member Agencies (City of Costa Mesa and City of Newport Beach), employs, maintains, trains and equips personnel capable of responding to requests for law enforcement helicopter services from ground based law enforcement personnel. B. AGENCY is responsible for providing law enforcement services within its jurisdiction, which include law enforcement helicopter services. C. AGENCY requires the services of ABLE to provide law enforcement helicopter services to its land and residents. D. AGENCY has prior to the effective date of this Agreement, adopted a resolution authorizing certain of its employees to sign this Agreement and make requests for law enforcement helicopter service for the AGENCY. TERM This Agreement shall commence on July 1, 2008 and end on June 30, 2009. PURPOSE 1.01 The purpose of this Agreement is to provide law enforcement helicopter services to AGENCY'S land and residents and for AGENCY to pay for the cost of the services provided by ABLE. 1.02 Nothing in this Agreement shall be interpreted to give AGENCY a right to services from ABLE. ABLE expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing law enforcement helicopter services to AGENCY pursuant to this Agreement. AGENCY acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. AGENCY agrees that ABLE will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. 1.03 Notwithstanding anything in the Agreement to the contrary, the AGENCY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate 25M-11 and control all equipment, facilities, properties and personnel in providing ground based public safety services to its land and residents. 1.04 This Agreement shall not alter, amend, supersede or modify any of the provisions of the Joint Powers Agreement for Airborne Law Enforcement Services, dated October 25, 1999, and as amended ("JPA "). II SERVICES 2.01 ABLE, through its Member Agencies, will furnish the AGENCY with public safety helicopter services as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and subject to the limitations in the JPA. The term of the Agreement shall be for one (1) year, subject to renewal for successive one (1) year terms as mutually agreed to by the parties. ABLE, the Member Agencies and helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 In no event shall ABLE, the Member Agencies or the aircrew be responsible for the direction and control of ground based law enforcement personnel and equipment of AGENCY during the course and scope of the services performed pursuant to this Agreement. III AGENCY DUTIES 3.01 AGENCY shall pay ABLE a subscriber cost, as determined by ABLE pursuant to Paragraph 4.01 of this Agreement, for services provided by ABLE under this Agreement. The services performed by the ABLE aircraft shall commence as of the date and time the aircraft is dispatched to or arrives over the airspace of the AGENCY, whichever occurs first. These services shall continue until the aircrew notifies the AGENCY that the assignment is completed or terminated due to higher priority assignments. Services performed by ABLE Aircraft for the AGENCY shall be defined as: A. A direct request for air support services by the AGENCY where an ABLE aircraft arrives over the incident as logged by the aircrew (operationally identified as a "D-1" call) or; B. Any public safety call generated by the AGENCY and monitored by an ABLE aircrew in which they arrive over the incident as logged by the air crew (operationally identified as a "D-2" call) or; C. Routine patrol over AGENCY'S jurisdictional areas. The AGENCY may authorize its ground based public safety supervision to cancel a response as defined under subsection B. 2511-12 3.02 AGENCY agrees to comply with the FAR Part 91 and Operations Manual Section 4085 in making calls for services, which establishes priority for calls to ABLE. 3.03 AGENCY agrees to install within its communications/dispatch center any radio equipment necessary to communicate directly with ABLE on the designated "ABLE CALL" frequency (800 MHz Talk Group). All costs associated with said installation will be paid by AGENCY. 3.04 AGENCY shall provide afull-time sworn police sergeant employed by the AGENCY for use by ABLE in providing law enforcement helicopter services. AGENCY shall receive a credit against monthly service charges as provided in Section 4.02. IV ABLE COLLECTIONS 4.01 AGENCY shall pay the rate, set forth in Exhibit "A" to ABLE for services provided to AGENCY under this Agreement. Upon thirty (30) days written notice to AGENCY, ABLE may adjust the rate in Exhibit A based on ABLE's annual operating cost and the average time per call. AGENCY shall pay the monthly rate set forth in Exhibit "A" for the preceding month of service. 4.02 AGENCY shall receive a credit for the provision of a full-time sworn police sergeant from AGENCY to ABLE as set forth in Section 3.04. Such credit shall be equal to the cost to AGENCY for the salary and benefits for each month the sergeant is utilized by ABLE. The credit shall be included in the total service provided to the AGENCY as set forth in Exhibit "A". A credit shall not result in a refund of monies paid by AGENCY to ABLE. A credit shall not be transferred by AGENCY to another public agency. 4.03 ABLE will provide the AGENCY with a monthly statement detailing all calls for service and time spent on routine patrol over the AGENCY'S jurisdiction as provided by ABLE aircrews. The AGENCY shall notify the ABLE Bureau Commander within ten (10) days of receipt of the monthly statement of any disputed calls for service in which they are billed. The Bureau Commander and the AGENCY Supervisor will review the service provided by ABLE on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A". The Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A". V INDEMNIFICATION AND WAIVER 5.01 AGENCY agrees that ABLE and the Member Agencies should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to ABLE and the Member Agencies. AGENCY acknowledges that ABLE would not provide 3 25M-13 services in the absence of the commitments of AGENCY as specified in this Agreement 5.02 AGENCY shall defend, indemnify and hold harmless ABLE and the Member Agencies, and their respective officers, employees, contractors, agents and representatives, with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the performance of services by ABLE or the Member Agencies within the AGENCY's jurisdiction, except those which arise out of the sole negligence of ABLE. The obligation of the AGENCY pursuant to this section extends, without limitation, to any injury, death, loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by any third party, any employee or contractor of ABLE and to such contractor's employees. 5.03 ABLE shall defend, indemnify and hold harmless AGENCY and its officers, employees, contractors, agents and representatives, with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the negligent performance of services by ABLE or the Member Agencies within the AGENCY'S jurisdiction. The obligation of ABLE pursuant to this section extends, without limitation, to any injury, death, loss or damage which occurs within the AGENCY'S jurisdiction and which is sustained by any third party, any employee or contractor of AGENCY and to such contractor's employees. 5.04 In the event that liability is imposed on AGENCY and ABLE, any Member Agency, or their respective officers, employees, agents or representatives, that arises out of or is in any way related to providing law enforcement helicopter services pursuant to this Agreement, or the existence of any emergency within AGENCY'S jurisdiction, AGENCY and ABLE (including its member agencies and their respective officers, employees, contractors, agents and representatives) shall mutually defend and indemnify each other in proportion to their share of liability on a comparative fault basis. Nothing in this Section shall in any way alter or modify the provisions of Section 5.02 and or Section 5.03. 5.05 With regard to any sworn police officer or employee provided by AGENCY to ABLE pursuant to Section 3.04, or any other provision of this Agreement, the following provisions shall apply: A. AGENCY shall defend and indemnify ABLE, any Member Agency, or their respective officers, employees, agents or representatives for any liability resulting from any negligence on the part of said sworn police officer or employee arising out of his/her acts undertaken for or on behalf of ABLE. B. AGENCY and any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall release ABLE, any Member Agency, and their respective officers, employees, agents or representatives from any liability for injury or damage sustained by said sworn police officer or employee arising out of his/her activities for or on behalf of ABLE. C. Any sworn police officer or employee provided to ABLE pursuant to Section 3.04 is and shall be acting at all times as an employee of the AGENCY and not as an employee of ABLE or the Member Agencies. AGENCY shall secure, at its expense, and be responsible for any and 4 25M-14 all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation and other payroll deductions of such sworn police officer or employee of the AGENCY. Any and all liability for workers compensation benefits that maybe due to any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall remain the responsibility of the AGENCY that supplied said employee. Neither ABLE, nor any Member Agency, their respective officers, their employees, agents or representative shall have any liability to said sworn police officer or employee for workers compensation benefits. VI JPA CONSISTENCY 6.01 The provisions of this Agreement shall be interpreted in light of, and in a manner consistent with, the JPA. In the event of any conflict between the provisions of the JPA and this Agreement, the provisions of the JPA shall control. AGENCY agrees to perform all duties required of it pursuant to the JPA as presently constituted or as hereafter amended. 6.02 AGENCY agrees to the indemnification provisions of Paragraph 5.05 of the JPA, which is incorporated herein by this reference. ABLE has obtained liability insurance coverage for helicopter services provided to AGENCY under this Agreement as set forth in Exhibit B, and AGENCY will be added as an additional insured under the policy on execution of this Agreement, and receive notice if the policy is canceled. VII MISCELLANEOUS PROVISIONS 7.01 Each of the parties to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement or the JPA. 7.02 Each of the Parties to this Agreement shall cooperate with one another in the defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to this Agreement or the JPA, as well as any effort of ABLE to collect money from persons or entities responsible for any request for law enforcement helicopter services. To the extent reasonably feasible, ABLE and Agency agree to submit to binding arbitration, before a JAM judge or similar agency mutually acceptable to the parties, any disputes concerning the interpretation of this Agreement and arising out of the performance of this Agreement. Furthermore, any such arbitration shall be commenced within thirty (30) days of written notice given by one party to the other party on the demand for arbitration, and the arbitration award shall be final to the extent permitted by law. 7.03 Each of the Parties to this Agreement may terminate this Agreement for any reason upon one hundred twenty (120) days prior written notice. 7.04 The validity of this Agreement, and any of its terms and provisions, as well as the rights and duties of the Parties, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of California. 5 25M-15 IN WITNESS WHERE OF, the parities hereto have executed this Agreement the day and year first above written. CITY OF SANTA ANA DAVID N. REAM, City Manager ABLE Joh~i Klein, Chair A E Board of Governors ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police ATTEST: Board of Governors ~; . w~''~' APPROVED AS TO FORM: .~- C ~~ Rob Morton ABLE Legal Counsel 6 25M-16 EXHIBIT "A" The fees set forth in this exhibit represents the total cost of service provided by ABLE to the City of Santa Ana, referred to herein as AGENCY. The service provided by ABLE will coincide with available funds and credits as provided for in the following table. Service is based on ABLE's hourly operating cost and amortized over the entire contract period on a monthly basis. The billing shall be divided into twelve equal monthly payments of $33,710.92, less the employee credit of $13,294.25 for a total of $20,416.67. The AGENCY shall provide afull-time sworn police sergeant from Santa Ana for supervisor/pilot duties, for which AGENCY will receive a credit toward the total cost for service provided by ABLE. The cost for the officer is $159,531 for the period from July 1, 2008 to June 30, 2009 (twelve months). The subscriber discount hourly operating rate for ABLE is $1,215.85 as established by the ABLE Board of Governors on March 20, 2008. PERIOD COVERED -July 1, 2008 to June 30, 2009 (twelve months). SANTA ANA BUDGET 5245,000 EMPLOYEE CREDIT (Total Comp) $159,531 TOTAL $404,531 Flight Hours @ $1,215.85 per hour 332.7 hours Number of Helicopter Shifts 730 shifts Flight Time per Shift 27 minutes Flight Time per Day 54 minutes Management of flight time provided to the AGENCY shall be the responsibility of the ABLE Bureau Commander. Flight time over the City will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The AGENCY will be provided with a detailed log of calls and flight time for each monthly billing period. Due to the inherent unknown nature in the need for airborne law enforcement service, ABLE will adjust daily service levels to coincide with the above table. In recognition that it will not always be possible to meet this goal (by either exceeding or falling short), ABLE will compensate for variations to arrive at an appropriate "daily average", on a monthly basis. Section 3.04 of this Agreement provides for the assignment of a full-time sworn police sergeant to ABLE to serve as a supervisor/member of the flight crew. This supervisor will maintain all responsibilities of the ABLE Helicopter Sergeant as defined in the ABLE Operations Manual. ABLE will require that this supervisor meet all of the qualifications and requirements as set forth in the ABLE 25M-17 t' Operations Manual for Pilots and Certified Flight Instructors. This supervisor will be subject to and meet all of the requirements for pilots as set forth in the ABLE Pilot Training Program. This training will be provided by ABLE personnel and designated professional training facilities with all associated costs being the responsibility of the AGENCY. The cost of such training is in addition to the cost for helicopter service set forth in this Exhibit "A" and will be billed directly to the AGENCY. The AGENCY agrees to provide ABLE with two designated officers, who wilt serve as tactical flight officers, for the purpose of providing vacation and sick leave relief. The AGENCY agrees to make this officer available for training pursuant to the ABLE Helicopter Observer Training Program. This officer will serve in a pool of personnel trained to fill shortfalls due to vacation, sick leave and miscellaneous unscheduled absences. The cost for this position is approximately equivalent to the vacation and sick leave accrued annually by the current Santa Ana police sergeant serving as the ABLE Sergeant/Pilot. ABLE shall participate in the selection process for officers assigned to the unit as flight crewmembers and reserves the right to revoke assignments without cause. Officers assigned to the ABLE program pursuant to this agreement shall meet all requirements set forth in the ABLE Operations Manual. 2 25M-18 RESOLUTION NO. 03-2008 A RESOLUTION OF THE BOARD OF GOVERNORS OF THE AIRBORNE LAW ENFORCEMENT SERVICES AGENCY ("ABLE") TO APPROVE AN AGREEMENT FOR HELICOPTER SERVICE WITH THE CITY OF SANTA ANA NOW, THEREFORE, THE BOARD OF GOVERNORS OF ABLE DOES HEREBY RESOLVE: 1. Approve the Agreement for Helicopter Service with the City of Santa Ana, attached as Exhibit A, and incorporated herein ("Agreement"); and 2. Authorize the Chairman of the Board to execute the Agreement on behalf of ABLE. Passed and Adopted this / ~' day of May 2008. Dated: .~ %~ c~8" ATTEST: ,, l "f Chris Salenko Secretary to Board of Governors J n Klein, Chair ABLE Board of Govemors APPROVED AS TO FORM: Rob Morton ABLE Legal Counsel 25M-19 RESOLUTION N0.03-2008 A RESOLUTION OF THE BOARD OF GOVERNORS OF THE AIRBORNE LAW ENFORCEMENT SERVICES AGENCY ("ABLE") TO APPROVE AN AGREEMENT FOR HELICOPTER SERVICE WITH THE CITY OF SANTA ANA NOW, THEREFORE, THE BOARD OF GOVERNORS OF ABLE DOES HEREBY RESOLVE: 1. Approve the Agreement for Helicopter Service with the City of Santa Ana, attached as Exhibit A, and incorporated herein ("Agreement"); and 2. Authorize the Chairman of the Board to execute the Agreement on behalf of ABLE. Passed and Adopted this Dated: ~%~ J ~~ day of May 2008. ohn Klein, Chair ABLE Board of Governors ATTEST: -'~ ' - Chris Salenko Secretary to Board of Governors APPROVED AS TO FORM: ~----. Rob Morton ABLE Legal Counsel 25M-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: PURCHASE AGREEMENT FOR 1303 N. BRISTOL STREET (PROJECT 08-1700-C) / ~~- CITY MANAGER DED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Karen Min Lo, William Ming Lo, and Jim Ming Lo in the amount of $1,120,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street widening project. The improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisitio at 1303 N. Bristol is necessary, (Exhibit 1). the appraised value prepared by an appraiser California. ENVIRONMENTAL IMPACT n of the entire property The purchase amount is licensed in the State of In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. $9-01 approved by City Council in 1990. 25N-1 Acquisition Agreement For 1303 N. Bristol July 7, 2008 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). ~ Jam s G. Ross Ex cutive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25N-2 LEGEND SUBJECT PROPERTY WABFNGTON AVE --r--•-1-----r-------------~ o ~ ~ I M I M I I I I /220 I I I i I I I -~-----~-1--~----r-----,------ I I I I i ~ ~ ~ ~ ~ p ~ p 17TH 8T -----T---~---~----T----1 ,. ~ - - - --rt----------- ~ - -- - ~ I 1404 1401 l4oi ------------- ~ ----------------I I------ 1321 ~ 1324 ~ 1323 --------------t----------- ---~ I------ /3!9 ~ 1320 ; I ~ /319 I--------------T---------- ---~ I------ KT~B /3/5 ~ /3/6 ~ ------------ ~ --------------~ ~ l3/5 I------ l3/1 ---------- 13/0 ~ 1 ~ 13/1- J 1308 : ~ 1307 ---------- ---~ I- ---- 1302 : 130! I -----------J I I ~-----• (.----- ~ -- i - --~ I 1221 ~ ---- 12/2 ~ ~------------ I I I 1208 1206 ' --------------~ I 1116 I ///2 : i //// - - ' i-----------nna EXHIBIT 1 SANTA ANA cmr couNCiL PURCHASE AGREEMENT FOR P~ ~If A ~ AGENDA DATE 1303 N. BRISTOL STREET ~~I JULY 7, zoos (PROJECT 08-1700-C) RBIJC Ngil{S AGFNC7 1211 ' 1207 I------ ' ///9 I------ ' 1115 I------ l!lI ------ ~~ ~ ~~11 25N-3 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA") is entered into on , 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Karen Min Lo, William Ming Lo and Jim Ming Lo (hereinafter "Seller"), regardless of number or gender; THEREFORE, in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property ("Said Real Property") located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1303 N. Bristol Street, Santa Ana, California) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Mariners Escrow, 1100 Newport Center Drive #200, Newport Beach, California, within thirty (30) days after the date on which City has approved this PSA. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title except those exceptions shown in Section 15, below. Seller hereby warrants that title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (including any and all leases), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above referenced title insurance company, with City therein named as the insured, in the amount ONE MILLION ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($1,120,000.00) insuring the that Page 1 of I I Seller's Initials 25N-4 title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title, excepting such specific ones as City may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of title insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of Mariners Escrow, 1100 Newport Center Drive, Suite 200, Newport Beach, California, (hereinafter "Escrow Agent") within five (5) days after the date on which City has approved this PSA. This PSA constitutes the joint escrow instructions of City and the Seller and a duplicate original of this PSA shall be deliver ed to the Escrow Agent upon the opening of the escrow. Escrow is to close on or before July 30, 2008. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear, and Escrow Agent is hereby authorized to charge to City, the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability of the Escrow Agent under this PSA is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and the General Escrow Provisions as referenced in Exhibit "B" of this PSA, attached hereto. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. Page 2 of 1 I Seller's Initials ~, ~~ ~cJ~-' 25N-5 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, including improvements to Said Real Property, business goodwill (if any), fixtures, equipment and improvements to the realty, severance damages (if any), bonus value, and any and all other damages or compensation to which Seller is or could be entitled to as a result of City's acquisition of Said Real Property, the total sum of ONE MILLION ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($1,120,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days after the date on which City has approved this PSA, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; {c) Delivery to City of the policy of title insurance as hereinabove required; (d) Recordation of the Deed conveying Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property, which shall be made free by Seller of all personal property. 8. Rental and Oceunancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Estoppel Certificate) on a form furnished to Seller by Buyer, and shall deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached thereto. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the statement of rentals referred in this paragraph shall include the terms of all rental agreements, tenancies, and leases (whether oral or written, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and Page 3 of 11 Seller's Initials _~~~'~---, ~ ~' 25N-6 assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Purchase Price. Seller acknowledges that the Property is for sale on the Multiple Listing Service and agrees that said purchase price reflects the fair market value for Said Real Property, including improvements to Said Real Property, business goodwill (if any), fixtures, equipment and improvements to the realty, and severance damages (if any), bonus value, and any and all other damages or compensation to which Seller is or could be entitled to as a result of City's acquisition of Said Real Property. Seller acknowledges that this acquisition is voluntary and not made under a threat of condemnation. Seller has approached City with an offer for the disposition of this real property and acknowledges that City has not approved nor taken any action in furtherance of condemnation of this property for public use. 14. Notices. All Notices pertaining to this PSA shall be sent via U.S. Postal Service or overnight carrier, properly addressed and postage prepaid, to the following addresses, which may be periodically changed provided notice of the change of address is first given to the other party: To City: The City of Santa Ana 20 Civic Center Plaza, M-36 P.O. Box 1988 Santa Ana, California 92702 To Seller: Karen Min Lo, William Ming Lo and Jim Ming Lo 3281 N Rimcrest Laguna Beach CA 92651-2089 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have set forth herein the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised by Seller in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Except for the previous owner (BP ARCO), neither Seller, nor to Seller's knowledge, tenant, occupant, and/or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Page 4 of I 1 Seller's Initials ~ ~, ,~~, 25N-7 Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sec . (42 U.S.C. S9601). 18. This Paragraph intentionally left Blank. 19. Indemnity. Subject to on-going monitoring and remediation of subsurface environmental conditions by Potential Responsible Party BP West Coast Products, LLC ("BP"), as reflected in a May 8, 2008 letter from BP to Seller, a copy of which is attached hereto as Exhibit "C", Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close, and applies only to the period during which Seller possessed an ownership interest in Said Real Property. Page 5 of 11 Seller's Initials ~~~2?~--, (il.)`o~ 25N-8 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of this PSA by City. The execution of this PSA and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 6 of 1 I Seller's Initials ~~~t ~ ~- 25N-9 30. Incorporation of Exhibits: All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. The parties have executed this PSA as of the date written below. SELLER(S) Dated: , 2008 ar Min o ~~ .~" Z Dated. / , 2008 William Ming Lo Dated: ,~ .z , 2008 Ming Lo CITYBUYER City of Santa Ana By: Dated: , 2008 David N. Ream City Manager ATTEST By: Dated: , 2008 Patricia E. Healy Clerk of the Council APPROVED AS TO FORM AND CONTENT Joseph W. Fletcher City Attorney l By: ~ Dated: Z.~ , 2008 Jo andoval anaging Senior Assistant City Attorney Page 7 of 11 Seller's Initials ~ _ ~ , ~L~'~ 25N-10 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 19 AND LOT 20 of Tract 863, as per map recorded in Book 26, Pages 30 of Miscellaneous Maps, records of Orange County. APN 405-272-11 Page 8 of 11 Seller's Initials ~~~' f_~~ 25N-11 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check or electronic funds transfer. All funds received in this escrow shall be deposited in one or more of Escrow Agent's general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which the transferring instrument(s) referred to herein are filed for recordation with the Office of the Orange County Recorder. All prorations shall be made on the basis of a 30-day month / 360- day year. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance, is hereby authorized by the Parties to this transaction. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, including any amendments thereto, closing statements, and/or any other documents deposited in this escrow, to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow; or to the rights of any of the Parties hereto; or about any money or property deposited herein, then Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the right to commence or defend any action or proceeding for the resolution of such conflict. The Parties to this escrow jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of, this escrow including, but without limiting the generality of the foregoing, a suit in interpleader initiated by Escrow Agent. In the event Escrow Agent should file a suit in interpleader, Escrow Agent shall be fully released and discharged from all obligations imposed upon it by this escrow. If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to deduct therefrom a reasonable monthly charge of not less than $10.00 per month as an administrative fee. Time is of the essence with regard to the execution of these general escrow instructions. If Escrow Agent is unable to comply with these instructions within the time specified herein, and if additional time as is required to make an examination of the official records, Escrow Agent shall return all documents, money, or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment or supplement to these instructions must be in writing, signed by all Parties to this transaction. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 9 of 1 I Seller's Initials ~~.~~~~ 25N-12 EXHIBIT "C" by Lori A. Goldberg senior ParaleGal GBC ~- logal Group I3P America hic 4101 Winfield Road Mail Codo 4West Warrenville, Illinois 60555 Direct 630 821-243a Fax: 630 921-3406 Lori. G oldber g®bp_ com May 8, 2008 Jim M. Lo William M. Lo Karen M. Lo c/o Thomas M. Lo 1303 N. Bristol Santa Ana, California Re: Former ARCO SS# 1782 - 1303 N. Bristol Santa Ana CA I:)ear Mr. l.o: You have informed BP West Coast Products LLC {"BP") that you are in the process of selling your property to the City of Santa Ana ("City") and that the City has requested that BP provide certain assurances regarding ongoing monitoring and remediation of subsurface environmental conditions at the Site. Without admitting liability or responsibility for the aforementioned conditions, BP represents that it will continue to conduct subsurface monitoring, assessment and remediation to the extent required by contract or by any federal, state or focal government agency having competent jurisdiction, until such regulatory agencies have decided that such monitoring, assessment and remediation is adequate or complete. BP shall not be liable or responsible for remediation of conditions caused by sources other than BP operations. The above-described commitment is conditioned upon BP receiving cost-free and reasonable access pursuant to a mutually acceptable access agreement to perform any assessment, monitoring or remediation activities that BP finds necessary or useful to fulfilling this representation. All required work including site inspection, site characterization, monitoring, or other related activities, shall be ccnducted by a firm or firms chosen and engaged by BP, This agreement shall automatically terminate, without notice to any party, upon issuance of written notification by a public agency Page 10 of 1 1 Seller's Initials ~>~~ 'l!" , ~.L1~ 25N-13 Jim M. Lo William M. Lo Karen M. Lo c/o Thomas M. Lo May 8, 2008 Page 2 of competent jurisdiction, that the agency contemplates no further investigation or monitoring of the Site. Neither the execution or implementation of this letter or any instrument or correspondence whatsoever relating to the above Site, shall be construed or constitute an admission of liability as to any actual or claimed contamination or any other conditions, at, on, in, under or from the Site. We certainly hope this letter is satisfactory to you. If you have any questions regarding the foregoing, please feel free to contact me. Very truly yours, ~~ ~~1~~ Lori Goldberg Senior Paralegal LG:sr Page 11 of I I Seller's Initials ~~ ~ -~ 25N-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AMENDMENT TO GROUNDWATER STORAGE PROGRAM FUNDING AGREEMENT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO / C17'Y MANAGER RECOMMENDED ACTION Authorize the City Manager attached third amendment to with the Metropolitan Water Water District of Orange Cour. to non-substantive changes Attorney. FILE NUMBER and Clerk of the Council to execute the the groundwater storage funding agreement District of Southern California, Municipal qty and Orange County Water District, subject approved by the City Manager and City DISCUSSION In Aril 2001, the Metropolitan Water District of Southern California (MWD) approved funding for a groundwater storage program proposed by the Municipal Water District of Orange County (MWDOC) and the Orange County Water District (OCWD). In January of 2004, The City of Santa Ana entered into an agreement with OCWD and MWDOC to participate in this program. The ground water storage program allows for up to 60,000 acre feet of excess MWD surface water to be delivered by MWD and stored during normal and wet years in the Orange County groundwater basin. Currently, approximately 48,000 acre feet have been stored under this program. During drought or emergency periods, as much as 22,000 acre feet per year could be extracted from the groundwater basin. OCWD and the participating groundwater agencies, including Santa Ana, will be asked to pump a total of 22,000 acre feet from storage during fiscal year 2008-09. The storage program includes strategically located in the OC4 constructed and are connected to provide backup pumping capacity. the eight new wells, Well No. 40 located at the Santa Ana Stadium. funding for eight new water wells JD service area. The wells have been the individual city's water system to The City of Santa Ana received two of located at Mabury Park and Well No. 41 250-1 Amendment to Groundwater Storage Program Funding Agreement July 7, 2008 Page 2 The proposed third amendment to the groundwater storage program funding agreement is being proposed to remove OCWD from the billing process and simplify program administration. This will allow Santa Ana to be billed directly by MWD and not through MWDOC and OCWD. £sNVIRONMENTAL IMPACT In accordance with the California recommended action is not considered environmental documentation is required. Environmental Quality Act, the a CEQA project. Therefore, no FISCAL IMPACT There is no fiscal impact associated with this action. Ja es G'. Ross E cutive Director P blic Works Agency 250-2 THIRD AMENDMENT TO GROUNDWATER STORAGE PROGRAM FUNDING AGREEMENT BY AND AMONG THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, ORANGE COUNTY WATER DISTRICT, AND MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND AMENDED TO ADD CITY OF ANAHEIM AND CITY OF SANTA ANA FOR THE PURPOSE OF ADJUSTING THE CERTIFICATION AND BILLING PROVISIONS OF THE GROUNDWATER STORAGE PROGRAM THIS THIRD AMENDMENT TO THE GROUNDWATER STORAGE PROGRAM FUNDING AGREEMENT, dated as of June 25, 2003, is entered into on , 2008 by and among The Metropolitan Water District of Southern California (Metropolitan), a public entity of the State of California, the Orange County Water District (OCWD or Program Agency), a water district of the State of California and the Basin Manager for the Orange County Basin, the Municipal Water District of Orange County, a municipal water district of the State of California, (MWDOC or Member Agency), the City of Anaheim (Anaheim), and the City of Santa Ana (Santa Ana) (Anaheim and Santa Ana are described as among the "Operating Parties" under the Agreement). I. RECITALS A. Since execution of the Groundwater Storage Program Funding Agreement by Metropolitan, OCWD and MWDOC in June 2003, and the effective date of the First Amendment on May 1, 2004, and the effective date of the Second Amendment on November 16, 2005, (the Groundwater Storage Program Funding Agreement, as amended by the First Amendment and Second Amendment, is hereby referred to as the "Agreement") the original parties, Metropolitan, OCWD and MWDOC, have reconsidered the storage, extraction and invoicing procedures for storing water within and extracting water from the Orange County Basin and correspondingly allocating such water to and removing such water from the Metropolitan Storage Account. With respect to storage, the Agreement currently provides for MWDOC to certify all stored water whether directly stored or stored in-lieu. Metropolitan then credits the water invoice for MWDOC, referred to as Member Agency under the Agreement, for water allocated to the Metropolitan Storage Account. With respect to extraction, the Agreement currently provides that the Metropolitan water invoice for all water extracted from the Metropolitan Storage Account be billed to MWDOC, with MWDOC paying the invoice and then submitting it to OCWD, the Program Agency under the Agreement, to collect for reimbursement from the Operating Parties, which include two other Metropolitan member agencies, Anaheim and Santa Ana. Because Metropolitan member agencies are among the Operating Parties, administrative difficulties have arisen with these procedures. As a result, this Third Amendment will modify the certification and billings procedures under the Agreement to provide that any participating Metropolitan member agency overlying the Basin may store water in the Metropolitan Storage Account and to provide for direct billing by Metropolitan to each participating Metropolitan member agency. B. The City of Anaheim and the City of Santa Ana are added as parties to the Agreement pursuant to this Third Amendment solely for the purpose of participating in the Agreement with regard to revised certification and billing procedures for Metropolitan member agencies. C. This amendment changes the operation of the Program as follows: 250-3 • The Operating Committee remains responsible for agreeing on an Annual Operating Plan, pursuant to which OCWD directs locations for storage and extraction to further its management objectives in the Basin. • Storage and extraction can be accomplished by any overlying Metropolitan member agency subject to this Agreement, i.e. MWDOC, Santa Ana, or Anaheim, but MWDOC shall be responsible for coordinating all certifications for storage and extraction. • When Metropolitan calls for extraction from the Metropolitan Storage Account (Stored Water Delivery), Metropolitan shall send its water invoice to the participating member agency (MWDOC, Anaheim, Santa Ana) making the extraction based on the extraction certifications submitted. The water invoice for Stored Water Delivery will have one set of credits (O&M and electrical power) for each Metropolitan member agency (MWDOC, Anaheim, Santa Ana). • If there is a penalty for non-performance pursuant to Agreement section XIII(B), the penalty invoice shall be sent by Metropolitan to MWDOC. MWDOC shall pay the penalty invoice and forward it to OCWD for reimbursement. OCWD shall distribute the penalty to the non- performing Operating Party(ies), collect the funds, and reimburse MWDOC for its payment to Metropolitan. D. By signing this Third Amendment, Anaheim and Santa Ana, which participate in the Program pursuant to separate Contracts Regarding the Implementation of MWD Long-Term Groundwater Storage Program, agree to process certifications and billings under the Agreement as set forth in this Third Amendment. NOW THEREFORE, it is mutually agreed that the following changes are hereby made to the Agreement: In the Agreement, the term "Member Agency" refers solely to MWDOC and the term "Operating Parties" includes Anaheim and Santa Ana. 1. Section VI. OPERATING COMMITTEE subsection B. Program Agency Obligations, paragraph 6 is revised to read: 6. . Program Agency (OCWD) shall be responsible for prompt payment to Member Agency (MWDOC) to reimburse Member Agency for any Nonperformance Penalty assessed MWDOC by Metropolitan pursuant to Section XIII(B). 2. Section VI. OPERATING COMMITTEE subsection C. Member Agency Obligations is revised to read: M W DOC hereby agrees to: l . Process all performance certifications for storage and extraction in accordance with Exhibits F and G. Coordinate all certifications for storage and extraction accomplished by MWDOC, Anaheim and/or Santa Ana MWDOC to process all certifications and to receive and pay the Metropolitan water invoice for storage and/or extraction accomplished for the Pro ram by any non-Operating Party that is asub-agency of M W DOC. 2. Receive and pay the Metropolitan water bill for all Stored Water Deliveries under this program, except Stored Water Deliveries to Anaheim or Santa Ana, in accordance with Metropolitan Administrative Code Section 4507. Metropolitan shall send its monthly 250-4 water invoice for any Stored Water Delivery for Anaheim or Santa Ana directly to Anaheim or Santa Ana. Receive and pay any Metropolitan invoice for Basin Nonperformance Penalty. Submit any penalty water bill to the Program Agency for transmittal to appropriate Operating Parties. Program Agency shall be responsible for prompt payment to MWDOC €e~ to reimburse MWDOC for an Nonperformance Penalty assessed MWDOC by Metropolitan pursuant to Section XI[I(B). 3. Section VL OPERATING COMMITTEE subsection D. Metropolitan Obligations is revised to read: In accordance with the procedures set forth in clause (E) below, Metropolitan hereby agrees to: Pay costs of operating and maintaining the Prop.l3 funded extraction Facilities at the unit rate (dollars per AF of Stored Water Deliveries) determined by the Operating Committee for the Operating Party(ies) and for comparable per AF costs for performance by non-Operating Parties identified in the Annual Operating Plan and agreed to b ty he Operating Committee that extracted water as adjusted when and as required by Section VI(A)(4)(e) (the "Operation and Maintenance Costs"); 2. Pay the Electrical Costs as determined in Section VI(A)(4)(f) to extract water from the basin, if any, equal to Stored Water Deliveries (as defined in Section V[1(C) below) for the applicable period for the Operating Party(ies) and for comparable per AF costs for performance by non-Operating Parties identified in the Annual Operating Plan and agreed to b ty he Operating Committee that extracted the water; and 3. Commencing on the first July 1st after water is initially stored in the Program Basin on Metropolitan's behalf, and on July 1 of each subsequent year, Metropolitan shall pay an administrative fee in an annual amount of $80,000 to the Program Agency (as such amount is adjusted on each anniversary of the execution of this Agreement by the lesser of 2.5% or the Urcc~mTConsumer Price Index for the ~'~y=Los Angeles-Riverside- Orange County area published by the Bureau of Labor E _^'•'°°°"'°'`'°"~~ ° °° a), for the incremental costs and expenses of administering the Program during such year. 4. Section VI. OPERATING COMMITTEE subsection E. Payment of Operation and Maintenance Costs and Electrical Costs is revised to read: Amounts owing by Metropolitan pursuant to Section VI(D) for Operation and Maintenance Costs and Electrical Costs shall be paid through a credit to Metropolitan's monthly invoice for the Stored Water Delivery ~~y pursuant to Section VI[(D). Metropolitan shall send a water invoice to MWDOC. Anaheim and/or Santa Ana as appropriate consistent with certifications for Stored Water Delivery. The Metropolitan water invoice shall provide one set of unit rates (,dollars per acre-foot of Stored Water Delivery) to credit Operation and Maintenance and Electrical costs to each Metropolitan member a enc~ The Operating Committee shall review the credits at the end of the call period to to ensure that the credits reasonably reflect actual O&M and Electrical Costs to extract stored water Upon the credit to Metropolitan's invoice for the Operation and Maintenance Costs and Electrical Costs, Metropolitan will have satisfied its funding obligations with respect thereto. 5. Section VII. GROUNDWATER STORAGE AND EXTRACTION is revised to read as follows: 250-5 A. Metropolitan's Storage Account Rights During any fiscal year of the term of this Agreement, Metropolitan may deliver up to 15,000 AF of Program Water for storage in the Program Basin with an equivalent amount to be accounted for in the Metropolitan Storage Account pursuant hereto; provided, however, that total Program Water stored on behalf of Metropolitan in the Program Basin, pursuant to this Agreement, shall never exceed the Maximum Storage Amount unless approved by the Program Agency. Deliveries shall be subject to the prior approval of the Program Agency pursuant to the policies described in subsection 5 below. Metropolitan shall not be obligated to pay any fees associated with basin utilization. 2. Metropolitan may make such deliveries to MWDOC, Anaheim and/or Santa Ana as provided in the Annual Operating Plan adopted by the Operating Committee on fifteen (15) days advance notice to both Member Agency and Program Agency. Program Agency will credit the Metropolitan Storage Account by the amount of Program Water delivered to MWDOC, Anaheim and/or Santa Ana. Upon notification by Metropolitan pursuant to Section VII(A)(2), Program Agency will either: (a) directly store the amount of any such delivery of Program Water in the Program Basin (e.g., by injection or spreading); or (b) store the amount of any such delivery of Program Water in the Program Basin by in lieu storage, i.e., by reducing pumping from the Program Basin by the amount of such delivery. 4. The quantity of Program Water delivered to the Metropolitan Storage Account in any given month shall be determined in accordance with the accounting methodology set forth in Exhibit F. 5. Metropolitan hereby acknowledges and agrees that (i) the Program Basin is not an adjudicated basin and this Agreement does not create any storage rights with respect to the Program Basin, and (ii) the Parties will not treat this Agreement as creating any storage right with respect to the Program Basin. B. Certification of Deliveries to Metropolitan Storage Account Metropolitan shall deliver available Program Water to MWDOC, Anaheim and/or Santa Ana at the appropriate service connection(s) for storage in the Metropolitan Storage fitter Account. MWDOC shall be responsible to coordinate submittal of all certifications for storage in the Basin and to certify the facts concerning the quantities of such deliveries to MWDOC. Anaheim and Santa Ana shall copy MWDOC on all certifications of water stored the Metropolitan Storage Account.All certifications of service connection deliveries to the Metropolitan Storage Account shall be provided to Metropolitan in writing or electronically in a format satisfactory to Metropolitan by a responsible officer of MWDOC, Anaheim, and Santa Ana. *"° ""°~"°~ ^ ~-°~°~~ 2. Metropolitan will credit the MWDOC, Anaheim and/or Santa Ana invoice at the applicable rate for each acre-foot of water certified by each respective agency t#e "=e::"°v`. T °° ~ for that service connection. 250-6 3. Certifications of Program Water for a given billing period must be received by Metropolitan before 3:30 p.m. on the third working day after the end of the month to receive credit on the bill for that billing period or any preceding billing period. 4. No certification received after six months following the end of any month in which a credit for Program Water is claimed will be accepted. 5. When receiving in-lieu supplies that are being stored in the Metropolitan Storage Account, and after certification, Anaheim and Santa Ana will pay OCWD the applicable replenishment assessment and their avoided well ener~y cost. C. Extraction of Stored Water In lieu of providing all or some of its regular surface water deliveries to MWDOC, Anaheim and/or Santa Ana, Metropolitan may, on fifteen (15) days advance notice, deliver water to MWDOC, Anaheim and/or Santa Ana as provided in the Annual Operating Plan adopted by the Operating Committee on the first of the following month by requesting Program Agency to debit the Metropolitan Storage Account (each such delivery being a "Stored Water Delivery"); provided, however, that unless permitted by Program Agency in its capacity as basin manager, such Stored Water Deliveries shall not, in any fiscal year exceed the lesser of (a) 20,000 AF or (b) the amount then remaining in the Metropolitan Storage Account. Metropolitan's regular surface water deliveries to MWDOC, Anaheim and/or Santa Ana will be reduced by the amount of such Stored Water Delivery to each agency. During an emergency or unforeseen operational condition, Program Agency will use its best efforts in responding to Metropolitan's request for a Stored Water Delivery. [Joel, the Annual Operating Plan outlines how many acre-feet are to be extracted by each agency. For every of taken from the Met Storage Acct by each M W DOC, Anaheim and Santa Ana, one of less should be taken at that agency's service connections] If Metropolitan selects the option pursuant to Section VII(C), Program Agency shall cause to be pumped the amount of the Stored Water Delivery from the Program Basin in lieu of receiving "~"~~"=geHS~'-s regular surface water deliveries. D. Payment for Extraction of Stored Water Upon call by Metropolitan for Stored Water Delivery, Metropolitan shall invoice MWDOC, Anaheim and/or Santa Ana for the amount(s) certified as extracted by each agency, repet~ec~-as and each 1~4e~tb~ shall pay to Metropolitan, in accordance with Metropolitan Administrative Code Section 4507, the then applicable full-service rate (or its equivalent, as determined by Metropolitan in its reasonable discretion) as if such Stored Water Deliveries were surface water deliveries through their respective Mender ~4ge+~e~s service connections. ",Icm"°r ^'-°~°•~ ~"~~~ ~~°•~~~° *"° n~-i~- The invoice from Metropolitan to MWDOC, Anaheim and/or Santa Ana shall include credits for the Operation and Maintenance Costs and the Electrical Costs associated with the Stored Water Delivery. Anaheim and Santa Ana shall copy MWDOC on all certifications of water extracted from the Metropolitan Storage Account. 6. Miscellaneous 250-7 A. The Agreement is, and shall continue to be, in full force and effect, except as specifically amended by this Third Amendment. This Third Amendment shall not be construed to be a waiver of any provision of the Agreement, or a consent to any failure to comply with the Agreement. B. Except as otherwise expressly provided herein, the Agreement is in all respects ratified and confirmed, and nothing contained in this Third Amendment shall, or shall be construed to, modify, invalidate or otherwise affect any provision of the Agreement or any right of the parties arising thereunder. C. This Third Amendment may be executed in as many counterparts as may be deemed necessary or convenient and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed to be an original, but all such counterparts shall constitute but one and the same agreement. D. This Third Amendment shall be governed by and construed in accordance with the laws of the State of California. E. Copies of the Agreement and First and Second Amendments are attached to this Third Amendment as Exhibit J. 250-8 IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to the Agreement to be executed as of the date first set forth above: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger By: Stephen N. Arakawa, Manager Water Resource Management Signature Date: APPROVED AS TO FORM: Karen Tachiki, General Counsel By: Senior Deputy General Counsel ORANGE COUNTY WATER DISTRICT By: General Manager Signature Date: APPROVED AS TO FORM: By: General Counsel MUNICIPAL WATER DISTRICT OF ORANGE COUNTY By: Kevin Hunt General Manager Signature Date: APPROVED AS TO FORM: By: General Counsel 250-9 CITY OF ANAHEIM By: General Manager Signature Date: APPROVED AS TO FORM: By: General Counsel The "City" City of Santa Ana A Charter City By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: By: Jose Sandoval Managing Senior Assistant City Attorney 250-10 EXHIBIT J Groundwater Storage Agreement and First and Second Amendments 250-11 250-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JiTLY 7, 2008 TITLE: PURCHASE AGREEMENT FOR THE NORTHWEST CORNER OF BRISTOL STREET AND CIVIC CENTER(PROJECT 08-1700-C) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO R RECOMMENDED ACTION FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Ronald Herrick in the amount of $675,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund the Bristol Street widening project. The improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire vacant property at the northwest corner of Bristol Street and Civic Center is necessary, (Exhibit 1). The purchase amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. 25P-1 Acquisition Agreement For Northwest Corner of Bristol and Civic Center July 7, 2008 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: Ram James Ro s s Executive Director Public Works Agency Francisco Gutierrez ~/d Executive Director !!~~ Finance & Mgmt. Services Agency 25P-2 LEGEND SUBJECT PROPERTY I I I I M I "? I `~ I I 911'1 ST ----~---~----~----r.-----•.l V- O lp N M I M I~ I~ I I I I j i i i , ~ ' 828 i I I I j i I I ' i------------~ I I I I j I I I I I I ~ I u~ ~ N ~ ~ ~ K N r;~ N I M I M I ~ awc ce~r owve 1----~•--r-------I----- ~ i ~ ' o' ~ i ~ i ~ i 1 I ' I I I 724 I i I I i i i ~-------- ' 7J6 ---- 1 - I--- I ' ~- -y-----I----~-- ~----- I I I I 7/2 -------I I I I I I 704 I~ I M I~ I M I L-- -1-----1----1----~---- ----J 7111 ST- ----T---~-----I-------------, ~o q~ to N ~ I ~ I ~ I ~ I 624 I 907 I I ~ ,,,., 908 -------------L-----------~4 ~ i 909- 1 I 829 ' -------------L-------------- 827 I 828 I -901-- I 824 I ~ 821-- I------------ -- 1 , I 8Ja ~ 8n ~---------------~ ~{}NK-- 8J5 i ' 8l6 I 8/5 NT,B ~----------------~ I------ --------------I 812 I, ~ I 8JJ i ~---------------1 ~ ~----- ~ 808 J 807 i 801 j i 804 ~ r sol-- •~--------L-----------~" ` -- ,r_-__._.-.__._T__~-_ ~ i ~ i ~ i 7J9 j I t , ' -------------J----------------------I.-- i 707 -------------------------------------- f-- EXHIBIT 1 /o~"~~"~ /%' SANTA ANA PURCHASE AGREEMENT FOR THE CITY COUNCIL P~ AGENDA DATE NORTHWEST CORNER OF BRISTOL JULY 7, Zoos STREET AND CIVIC CENTER ~r ~5.~. (PROJECT 08-1700-C) PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer"), and Ronald Herrick (hereinafter called "Seller"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as Northwest Corner of Bristol and Civic Center Drive, Santa Ana, CA) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Slx HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 ($675,000) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, Page 1 of 10 Seller's Initials 25P-4 easements, assessments, profits, limitations, encumbrances (whether monetary or non- monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of SIX HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 ($675,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: Page 2 of ] 0 Seller's Initials 25P-5 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month/360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages Page 3 of 10 Seller's I 25P-6 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Ronald Herrick P.O. Box 1398 Newport Beach, CA 92659-0398 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec . (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Page 4 of 10 Seller's Initials 25P-7 Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. Page 5 of 10 Seller's Initials 25P-8 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: BY: Ronald Herrick CITY/BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Senior Assistant City Attorney Page 6 of ] 0 Dated Seller's Initials 25P-9 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Page 7 of 10 Seller's Initials 25P-10 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 8 of 10 Seller's Initial 25P-11 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER USE GOVERNMENT CODE SECTION 0)103. SPACE ABOVE THIS LINE FOR RECORDER'S TACXESL I ORM BY DA'ITY.O I DIRECOTOR BY I WRITrEN BYN I CDHECKED-OR. I 0~4E)<23-52 I UN MBER I NUMBER Northwest Corner of Bristol and Civic Center Drive, Santa Ana, CA (Address /Approcimate Location) DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald Herrick Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, fee simple title to the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated Ronald Herrick STATE OF CALIFORNIA ,'ss. COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signatures) on the instrument the person(s) or the entity upon be- half of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for o~cia(notary sea!) MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 9 of 10 Seller's Initials 25P-12 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Page 10 of ] 0 Seller's Initials 25P-13 25P-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AMENDMENT TO AGREEMENT WITH TELVENT FARRADYNE INC. TO PROVIDE SOFTWARE UPGRADE FOR THE TRAFFIC SIGNAL SYSTEM ~~~ / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Telvent Farradyne, Inc. in the amount of $62,000 for a total contract in the amount of $415,800 subject to non-substantive changes approved by the City Manager and City Attorney to provide a system software upgrade for the City's traffic signal system. DISCUSSION On August 4, 2003, the City Council approved an agreement with Telvent Farradyne, Inc. to implement a new traffic signal system called Management Information System for Traffic (MIST). MIST is a centralized traffic signal system that conforms to current national standards and works with the new generation traffic signal controllers that we installed recently in Downtown Santa Ana. The system also allows the City to interface with the City of Costa Mesa's system for signal coordination along common major arterials. This proposed system upgrade will increase the functionality of the MIST system to allow the City to add new traffic signals to the system. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25Q-1 Amendment to Agreement With Farradyne July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (Account no. 32-551-6631, project no. 06-1722). ' h , c James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~ , Francisco Gutierrez ~8 Executive Director Finance & Management Services Agency 25Q-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between Telvent Farradyne, Inc. ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The City and PB Farradyne entered into Agreement A-2003-173, dated September 22, 2003, (hereinafter "said Agreement") by which Consultant has provided services in relation to the Adaptive Downtown Traffic Signal Project. B. On June 15, 2006, City received notice that PB Farradyne was acquired by Telvent GIT S.A. and that the new company, Telvent Farradyne, Inc., would assume the obligations of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement increase the Scope of Services and the compensation. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to add a second paragraph, "b". Said Section 1 shall read, in full as follows: "a. Consultant shall perform those services as set forth in Request for Proposal for Advanced Traffic Management System, dated October 2002, the City's Request for Proposal for Advanced Traffic Management System, dated April 2003, Consultant's Technical Proposal, dated December 9, 2002, Consultant's Technical Proposal, dated May 16, 2003 all incorporated hereto and made a part of this Agreement and Consultant's Cost Proposal, dated May 16, 2003, attached hereto as Exhibit A. b. Consultant shall provide MIST Map Enhancements and upgrade of all City intersections to VMS330 technology in order to allow inter-City monitoring capabilities, as set forth in Exhibit A-1, attached to this Second Amendment to Agreement, and incorporated by reference." 2. Section 2.a., "COMPENSATION", shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement and Exhibit 25Q-3 A-1, attached hereto. The total sum to be expended under this Agreement shall not exceed $415,800.00 during the term of this Agreement. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney TELVENT FARRADYNE, INC. By Laura Sheedy Assistant City Attorney (NAME) (Title) 25Q-4 3206 Tower Oaks Boulevard Rockville, Maryland 20852, USA Tel: + 1 301 468 5568 Fax: +1 301 816 1884 June 17, 2008 Mr. Vinh Nguyen City of Santa Ana Public Works Agency, 4th Floor 20 Civic Center Plaza Santa Ana, California 92701 RE: Santa Ana Adaptive Downtown Traffic Signal Pricing Information for Phase IV Enhancements Dear Vinh: As per our 6/11/2008 conference call, I have revised the earlier cost proposal dated 6/9/2008. This revised cost proposal includes the following features and services to support the City's Phase IV enhancements: 1. Modify existing central system map display capability 2. Monitor all VMS 330 intersections under MIST® 1. MIST®Map Enhancements TFI will modify MIST®software to provide capability to decouple MIST maps from the main GUI. This capability will provide flexibility in monitoring the adaptive network operation in a much more enhanced mode. It will allow the operator(s) to drag a specific map window from the central system main GUI to a second monitor, thereby providing a more focused view of a specific area during congestion and/or incident situations. 2. Monitoring VMS330 Intersections under MIST® As part of data exchange between Intertie agencies including the City of Costa Mesa, it is expected that the neighboring cities to be able to monitor operation of the signals anywhere within that region. The City of Costa Mesa has already brought up all of its 110 VMS330 intersections under their MIST central system, making it available to Santa Ana MIST to monitor those intersections. The city of Santa Ana also has started such movement and included 18 intersections out of approximately 240 intersections available for monitoring. This task will expand the VMS330 monitoring network under MIST by adding all of the remaining intersections to this network. This approach will require purchasing acity-wide license from IDI for the NTCIP Proxy software that facilitates communications between the VMS330 and the MIST system. The City will import all of the intersection maps as well as update the MIST database. Table 1 below provides detailed cost items for the above tasks EXHIBIT A-1 25Q-5 Santa Ana Adaptive Traffic Signal Control System Should you have any questions or require any further information, please contact me at (301) 816-1849 at your convenience. Very truly yours, Farhad Pooran, PhD, P.E. Project Manager Telvent Farradyne Inc. Table 1 -Santa Ana Phase IV Software Enhancement & Integration Cost Task ID Task Description Cost 1 MIST Enhancements $ 30,000 1.1 Decoupling MIST maps from GUI (to a separate monitor) $ 43,200 1.2 Delivery and upgrade including Travel & ODC $ 6,800 Telvent Cost share ($20,000) $(20,000) 4 Monitoring VMS330 Intersections $ 32,000 4.1 IDI NTCIP Proxy licensing $ 27,000 4.2 Installation and Delivery including Travel & ODC $ 5,000 Total Phas e IV Project Cost $ 62,000 25Q-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AMENDMENT TO AGREEMENT WITH WEST COAST ARBORIST, INC. /'~' ! /~ CITY NAGER ~2ECOMMENDED ACTION ~~, CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with West Coast Arborist, Inc. increasing the contract in an estimated amount of $70,000 for an amount not to exceed $865,350 in FY2008/2009. DISCUSSION The City is responsible for the maintenance of approximately 65,000 street trees. The Tree Section arranges for the pruning of a predetermined number of these trees annually based on International Society of Arborist standards. The work performed is a component of the City's tree management program and is planned in advance based upon the tree species pruning cycle. Since 1997, the City has utilized the services of West Coast Arborist (WCA) to provide street tree maintenance services. The City and the contractor have had an excellent public/private partnership over the term of the contract working together with neighborhoods and the community on tree care issues. The cooperation of WCA with City staff to implement a sound tree maintenance program was instrumental in the recognition of the City by the National Arbor Day Foundation as a Tree City USA. West Coast Arborist advised staff in a letter that they were requesting modification in their compensation due to the increase in insurance, fuel, cost of living and Workers' Compensation costs. The proposal will increase the tree pruning price from $43.00 a tree to $47.00 a tree and palm tree pruning from $21.50 a tree to $24.00 a tree and other increases in accordance with Exhibit B-1 of the attached amendment. To check the reasonableness of WCAs' schedule of compensation, staff researched bid results and contracts from other municipalities in California. It was found that WCA has contracts with 158 municipalities, including 30 in Southern California and the average prices of the recent 25R-1 Amendment to Agreement With West Coast Arborist, Inc. July 7, 2008 Page 2 contract awards for similar work programs are higher than the schedule of compensation submitted to the City of Santa Ana. The City of Anaheim received a similar request in April 2007 and went out to bid only to have one bid received by WCA at a higher amount than previously proposed. Since West Coast Arborist has performed well during the last ten years and their pricing is competitive, staff recommends that the City approve the amendment to the agreement to change the Schedule of Compensation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the following activities: Street Trees (account no. 68-637-6271), Water Production and Supply (account no. 64-574-6291), Median Maintenance (account no. 11-637-6261), Parks Maintenance (account no. 11-250-6291), Civic Center Maintenance (account no. 74-242-6291), Centennial Park (account no. 77-284-6291), Stadium (account no. 11-244- 6291) and Downtown Maintenance (account no. 407-933-6291. APPROVED AS TO FUNDS AND ACCOUNTS: ~ _ '' ,/ GG Jame moss Francisco Gutierrez Exe utive Director Executive Director Pu~lic Works Agency Finance & Management Services Agency 25R-2 AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 7th day of July, 2008 by and between WEST COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". RECITALS The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. 2. The parties hereto desire to amend said Agreement to increase the per unit pricing for tree trimming, and including an annual consumer-price adjustment to the fees charged by Contractor. WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be deleted in its entirety and replaced with the following: "CITY shall pay the CONTRACTOR a sum not to exceed Eight Hundred Sixty Five Thousand, Three Hundred Fifty Dollars ($865,350) for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1, 2008, through June 30, 2009. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B-1 to this First Amendment to Agreement, and incorporated in said Agreement by this reference. For fiscal year 2009-2010 and each subsequent year, the unit fees set forth in Exhibit B-1 may be increased in an amount representing the increase in the Consumer Proposed Index Los Angeles/Orange/Riverside area as of the preceding December." B. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. 25R-3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA David N. Ream City Manager WEST COAST ARBORISTS, INC. Patrick Mahoney President 25R-4 EXHIBIT B-1 SCHEDULE OF COMPENSATION ITEM DESCRIPTION 1 Tree Trimming 2 Service Request 3 Palm Trimming 4 Tree and Stump Removal 5 Tree Only Removal 6 Stump Only Removal 7 Tree Planting 24"Box with RB 8 Arterial- Tree Planting 24" Box with RB 9 Infill- Tree Planting 24" Box with RB 10 Priority -Tree Planting 24"Box with RB 11 Tree Planting 36" Box with RB 12 Tree Well Installation 13 Root Pruning 14 Crew Rental - 3 man crew 15 Emergency Crew Rental 16 Watering UNIT PRICE Each $47.00 Each $55.90 Each $24.00 Inch $18.70 Inch $13.00 Inch $5.90 Each $229.70 Each $280.00 Each $280.00 Each $280.00 Each $954.70 Each $272.70 L.F. $8.60 Hour $136.35 Hour $287.10 Day $373.40 25R-5 25R-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICE WITH THE FERGUSON GROUP OF WASHINGTON, D.C. rc~~ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare an of the Council to execute an agreement the Ferguson Group in an amount not to CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER d authorize the for government exceed $75,000. DISCUSSION The Ferguson Group has served as the D.C. since 1987. The service includes executive proposals and legislation, regulations that may affect the City. City with grant applications and other may qualify. City Manager and Clerk liaison services with City's representative in Washington, the review and monitoring of federal as well as administrative rules and The Ferguson Group also assists the special programs for which the City In the current fiscal year, the Ferguson Group assisted with appropriations for the Bristol Street Widening Project, police grants, water well rehabilitation projects, Workforce Development monies, Empowerment Zone funding, arts and technology projects, and various other legislative and administrative initiatives. 25S-1 Ferguson Agreement July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 101-601-6291), the Community Development accounts (nos. 570-932-6291, 570- 933-6291, and 570-935-6291), and the City Manager's Office account (no. 11- 011-6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~O James G. Ross v` Executive Direc or Public Works Agency Nancy T. E wards Acting Exe utive Director Community Development Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25S-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 7~' day of July, 2008 by and between The Ferguson Group, L.L.C. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing government liaison services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is -= knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall government liaison and lobbying services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six- Thousand, Two-hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this Agreement. The total amount payable under this Agreement shall not exceed Seventy-Five Thousand dollars ($75,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 3. TERM This Agreement shall commence on July 1, 2008 and terminate on June 30, 2009, unless terminated earlier in accordance with Section 11, below. 25S-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not employees of City. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall deferid, indemnify and save harmless City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 6. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE City acknowledges that Consultant may represent other clients in Washington D. C. during the term of this Agreement. If a potential conflict of interest arises due to this 2 25S-4 representation, Consultant shall notify the City, in writing, immediately and provide the name and address of each client under contract. 8. REPRESENTATIVES AND NOTICE The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager/Council Support Office 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile 714-647-6954 To Consultant: The Ferguson Group, L.L.C. 1130 Connecticut Avenue, N.W., Suite 300 Washington, D.C. 20036 Telefacsimile 202-331-1598 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. 25S-5 11. TERMINATION This Agreement may be terminated at any time by mutual agreement of the parties hereto or by thirty (30) days written notice by either party to the other. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONS Chief Executive~ficer The Ferguson Group, L.L.C. 4 25S-6 EXIiIBIT A OBLIGATIONS OF THE FERGUSON GROUP L.L.C. A. The Ferguson Group will act as a Washington Representative to the City in Washington, D. C. B. The Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of federal programs. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives and The Ferguson Group shall coordinate such other services. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. F. Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the Administrator. G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. J. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. 25S-7 K. Consultant shall focus its efforts on the following: 1. Assist the City in securing full funding for its federally designated Empowerment Zone; 2. Assist the City in its efforts to obtain funding for the Bristol Street Widening Project; 3. Assist the City in its efforts to obtain funding for infrastructure improvement projects such as storm drains; 4. Assist the City in its efforts to obtain funding for Santa Ana's Youth Projects and Workforce Investment Programs. 25S-8 ~~ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/08/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION State Farm Insurance, Pat Dady -Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15215 Shady Grove Road, Suite 102 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rockville, MD 20850-3235 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t INSURERS AFFORDING COVERAGE NAIC # INSURED THE FERGUSON INSURER A: State Farm Fire and Casualty Company 25143 GROUP LLC SUITE 300 INSURER B: 1130 CONNECTICUT AVE NW INSURER C: WASHINGTON DC 20036-3981 INSURER D: A /'~c~ INSURER E: OOVEP THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD POLICY EXPIRATION DATE (MMfDD/Yl') LIMITS X X GENERAL LIABILITY 99-BU-8962-7 4/8/08 4/8/09 EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRAEMISES Eaocwrrence $ 100, 000 CLAIMS MADE OCCUR MEDEXP An one erson $ 5, 000 X Hired Auto PERSONA O L&ADVINJURY $ X Nonowned Auto GENERAL A R ' 2 000 000 ' GG EGATE , , $ GEN LAGGREGATE LMffAPPUES PER: PRO- PRODUCTS - COMP/OP AGG $ 2 , O O O , O O O POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ X EXCESS/UMBRELLALIABILITY 99-BU-8978-1 4/8/08 4/8/09 EACH OCCURR 4 000 000 ENCE , $ , X OCCUR ~CLAIMSMADE AGGREGATE $ 4, 000, 000 DEDUCTIBLE X RETENTION $ 10000. X WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 99-M3-2306-1 4/8/08 4/8/09 WCSTATU- X OTH- TORY LIMITS ER ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1, 000, 000 If yes, describe under EL DISEASE - EA EMPLOYEE $ 1, 0 0 0 , 0 0 0 SPECIAL PROVISIONS below E.LDISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS f LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS Legislative Lobbyist CERTIFICATE HOLDER CANCELLATION i.i~y o= Santa tuna Its Employees, Agents, Volunteers & Representatives 20 Civic Center Plaza ,Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE /~ Pat Dady, Agent 301-948-4414 .: _ ~ ~~, ? , J~ r 132849 03-13-2007 ~ ~ w _ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~ ~~ _ ~ 0 FE-6609 Page 1 of 1 SECTION II ADDITIONAL INSURED ENDOR5EMENT Policy No.: 99-BU-8962-7 Named Insured: THE FERGUSON GROUP LLC STE 300 1130 CONNECTICUT AVE NW WASHINGTON DC 20036-3981 STAB RARM INSVRANCR Additional Insured (include address): CITY OF SANTA ANA ITS EMPLOYEES, AGENTS, VOLUNTEERS & REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ^ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other provisions of the policy apply. FE-6609 25S-11 25S-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICES WITH TOWNSEND PUBLIC AFFAIRS ~~+ G ~~ -- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend the agreement for government liaison services with Townsend Public Affairs in an amount not to exceed $60,000. DISCUSSION Townsend Public Affairs has served as the City's representative in Sacramento for eight years. The service includes the review and monitoring of state legislation and funding opportunities. Townsend Public Affairs has provided information to the City on legislative issues such as local government finance, the 2008-2009 state budget, and state enterprise zone bills. In addition, Townsend Public Affairs has pursued grant opportunities on the City's behalf. Specifically, this past year they advocated and helped secure funds for the synthetic turf for soccer fields, youth intervention programs, local street projects, and assisted in accessing public safety funds. Over the years, Townsend Public Affairs has secured funding for the Discovery Science Center, the Delhi Community Center, and the Bowers Museum. 25T-1 Townsend Agreement July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 101-601-6291), the Community Development accounts (nos. 570-932-6291, 570- 933-6291, and 570-935-6291), and the City Manager's Non-Departmental account (no. 11-012-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy Ed rds Acting Executive Director Community Development Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency James G . ~ZOS ~ Executive Direc or Public Works Agency 25T-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7`f' day of July, 208 by and between Townsend Public Affairs, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of government lobbying. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform lobbying services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $5,000 per month, including expenses. The total sum to be expended under this Agreement shall not exceed $60,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25T-3 ,' 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay 25T-4 all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile 714-647-6956 With courtesy copy to: City Attorney 25T-5 City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714-647-6515 To Consultant: Townsend Public Affairs, Inc. 2699 White Road, Suite 251 Irvine, CA 92614 Telefacsimile 949-476-8215 Attn: Christopher Townsend A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION 4 25T-6 This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25T-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney 25T-8 Tax ID# q ~ --~ "i Z...~ ZLJ~ ~. EXHIBIT A OBLIGATIONS OF TOWNSEND PUBLIC AFFAIRS INC. A. Townsend Public Affairs will represent the City of Santa Ana in Sacramento. B. The Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at times and places mutually agreed to by the City Manager and Sacramento Representative on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of state programs. C. Consultant will review state proposals, legislation, under consideration, proposed and adopted administrative rules and regulations and other Sacramento developments for the purpose of advising the City of those items which may have a bearing on City policy or programs. D. Consultant will secure and furnish such detailed information as may be available on state issues in which the City indicates an interest. E. Consultant will review and comment on legislative proposals and grant applications of the City which are being prepared for submission to state agencies when requested to do so by the City. F. Consultant will maintain liaison with the City's state legislative delegation and other appropriate state legislators, including the Governor and legislative leadership, and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. G. Consultant will counsel with the City regarding appearance by City personnel before legislative committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. H. Consultant will contact state agencies on the City's behalf when City applications are under consideration by such agencies, facilitate provision of additional information from the City, resolve potential concerns, provide guidance to the City, and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. I. Consultant will support City efforts related to federal appropriations and other initiatives requiring outreach to local and regional agencies. 25T-9 25T-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT AMENDMENT FOR ELECTRONIC BILL PAYMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Amend the agreement with InfoSend, Inc. for municipal utility bill printing and mailing, and electronic bill presentment and payment services from $100,000 to a total not to exceed $150,000. 2. Amend agreement with TransFirst, LLC for the processing of credit card payments from $42,000 to a total not to exceed $60,000. DISCUSSION On February 20, 2007, the City Council approved an agreement with InfoSend, Inc. for bill printing, mailing and electronic bill presentment services. InfoSend was determined to be the most cost-effective method for printing of all Municipal Utility bills as well as processing e- payments. We are in the second year of a three-year agreement with provision for a two year renewal. After a year of running the program through InfoSend, Inc., staff has actual data to determine costs associated with this contract. It is apparent that usage estimates were conservative. An increase in the number of on-line payments, delinquent bills, final bills, the handling of inserts in addition to postage costs effective May 12, 2008 necessitates an amendment to the contract between the City and InfoSend, Inc. TransFirst, LLC handles the e-payment portion of the transaction when customers choose this method of payment. On February 20, 2007, the City Council also amended the agreement with TransFirst, LLC for the processing of credit card payments. 25U-1 FISCAL IMPACT Total contract cost of the agreement is estimated to be $210,000. Funds will be budgeted in the Treasury Division (fund 011-175-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency/~ 25U-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 7 2008, by and between InfoSend, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007-050, dated February 20, 2007, (hereinafter "said Agreement") by which Consultant has provided municipal bill printing and mailing services and electronic bill presentment and payment services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to reflect the initial term of three years, with an option to extend for an additional period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $150,000 to pay for services during the 2008-2009 fiscal year. Said section shall read, in full, as follows: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000, annually, during the term of this Agreement." 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager INFOSEND, INC. MAHMOOD REZAI President & CEO 25U-3 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is entered into on July 7, 2008, by and between TransFirst Health and Government Services, LLC ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The City and Consultant entered into that certain Consultant Agreement # N-2004- 024 dated March 1, 2004 (hereinafter the "Agreement") pursuant to which Consultant has provided certain credit card payment processing services for City utility bill customers. B. In accordance with the terms and conditions of the Agreement, the parties wish to extend the term of said Agreement in order to provide continuous uninterrupted services. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and confessed, the parties agree as follows: 1. Section l.a., COMPENSATION, shall be amended to read as follows: "The total sum to be expended under this Agreement for the period commencing March 1, 2008 and ending February 28, 2009, shall not exceed $60,000.00." 2. Section 2, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on March 1, 2004 and terminate on February 28, 2009, unless terminated earlier in accordance with Section 10, below. The term of said Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. [signature page follows) 25U-4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney TRANSFIRST HEALTH AND GOVERNMENT SERVICES By: (Name) Title: 25U-5 25U-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY ?, 2008 TITLE AGREEMENT FOR LANDSCAPE MAINTENANCE WITHIN THE STATE HIGHWAY RIGHT-OF-WAY ON SR-22 WITHIN THE CITY OF SANTA ANA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached maintenance agreement with Caltrans subject to non-substantive changes approved by the City Manager and City Attorney to maintain landscaped areas within the State right-of-way on SR-22 within the City of Santa Ana. DISCUSSION The La Veta Interchange at SR-22 has been landscaped with a Historic Agriculture/Orchard theme planting to provide corridor continuity for the entire SR-22 Freeway. The landscaping improvements were negotiated with Caltrans in exchange for parking improvements at the lst Street parking lot at I-5. This was necessary in order to have the landscaping installed as part of the SR-22 Widening project and to provide Caltrans sufficient parking to support their court referral program. Additionally, the agreement requires that the City: 1. Accept maintenance responsibilities for the landscaping at the La Veta Interchange after a three year plant establishment period. 2. Participate financially with the development cost of the First Street parking lot with Caltrans, up to a maximum $100,000. The total cost of the project is projected to be $230,000. Caltrans has committed to paying the additional $130,000. 3. Accept maintenance responsibilities for the perimeter landscaping at the First Street parking lot. 4. Agree that Caltrans can use a portion of the landscape area in the La Veta Interchange loop to accommodate parking for the court referral 25V-1 Agreement For Landscape Maintenance July 7, 2008 Page 2 program, in the event that the First Street parking lot is no longer available for use by the program. This agreement simply clarifies the roles and responsibility of both parties and is similar to the agreement we have at Gateway entry points into the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The annual landscape maintenance costs for the La Veta Interchange are projected to be $112,000 each year. Maintenance responsibilities are expected to begin in February 2011. Funds to provide the maintenance services will be included in the FY 2010/2011 budget. The City's contribution to construction of the First Street parking lot will be a maximum of $100,000. The annual landscape maintenance costs for the First Street parking lot are projected to be $31,500 each year. Maintenance responsibilities are expected to begin in fiscal year 2009/10. Funds to provide the maintenance services will be included in the 2009/2010 budget. Agreements to approve the construction and maintenance agreement for this project will be submitted pursuant to a separate agreement for Council approval. .-°~` 1 ~ 1 ... ames G. Ross Executive Director Public Works Agency 25V-2 AGREEMENT' FOR LANDSCAPE MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 22 WITHIN TI-IE CITY OF SANTA ANA THIS AGREEMENT is made and executed .effective this 30 ~ day of 2008, by and between the State of California, acting through i s Department of Transportation, hereinafter referred to as "STATE," and the City of Santa Ana, a charter city and municipal corporation hereinafter referred to as "CITY," together referred to as "PARTIES". This AGREEMENT is necessitated as the result of CITY's proposal to ttse the north side of Route 22 at the La Veta interchange (AREA 1, AREA 2 and AREA 3 referred as LOCATION) for a landscaping project at Post mile 10.0-10.5, as depicted on attached Exhibit "A"(Layout Sheet, Planting Sheets HP-59, HP-60 anti HP_61}. This LOCATION was used for staging and parking area for the Court Referral Program Workers (Special People Program, SPP). The purpose of this Agreement is also to document that as the owner of this LOCATION, STATE, reserves the right to restore this LOCATION, if necessary, in future for STATE's exclusive uses, including but not limited to, future construction related materials storage, construction of othet• facilities and staging area for the Special People Program when needed over the long term and in compliance with Section III, Article e of this Agreement. Under these circumstances, CITY will be held responsible to restore this LOCATION to the condition that is acceptable by STATE at the CITY's sole cost. RECITALS: WITNESSETH 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvement within STATE's right of way (Cooperative Agreement, District No. 12-456) which was executed on Novembez• 18, 2002 between STATE and OCTA. 2. This Agreement addresses CITY's responsibilities that include, but are not limited to, landscaping, planting, irz•igation systems, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks, bike paths, and packing zestriction signs (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 22, as shown on Exhibit A, attached hereto and incorporated herein as a part of this Agreement. 3. In consideration of the mutual covenants and promises herein contained, CITY agzees to be solely zesponsible for the maintenance zesponsibilitics. Those include, but are not limited to, inspection, providing emergency repair, replacement, & maintenance, (collectively hereinafter "MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." 1 25V-3 4. When a planned fnturc improvement is constructed and/or a minor revision has been effected with STATE'S consent ot• initiation within the limits of the STATE'S right of way herein described which affects PARTIES' division of maintenance t•esponsibility as described herein, PARTIES will agree upon and provide a new dated and revised Exhibit, "A" which will be made a pat•t hereof by an amendment to this Agreement when executed and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. Section I CITY agrees, at CITY'S expense, to do the following: a) For future improvements, CITY may install, or contract authorizing a licensed contt•actor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN (section 27 of the Streets and Highways Code) LANDSCAPING conforming to those plans and specifications (P&S} pre- appr•oved by STATE. b) CITY will follow the final form of the P&S, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE'S District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE'S applicable standards. c) CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. d) CITY will sribmit none-time encroachment permit application for routine CITY MAINTENANCE functions as required by this AGREEMENT. Individual encroachment permits shall be obtained for any substantive repair activities anti changes to the scope of work allowed by this Agreement prior to the start of any work within STATE'S right of way. e) CITY contractors will also obtain encroachment permits prior to the start of any work within STATE'S right of way. #} To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth in perpetuity. g) To replace unhealthy or dead plantings when observed within 30 days when notified by STATE that plant replacement is rcgttir•ed. h} To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. A separate Encroachment Permit may be required. Zsv-~ i) "I'o MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. j) 'I'o control weeds at a level acceptable to STATE. Any weed conttol pet•formed by chemical weed spt•ays (het•bieides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17, Report of Chemical Spray Operation) to STATE to Landscape Specialist in the Region Oflice at 1808 Batavia Street, Orange, CA 92865. k) To expeditiously repair any STATE facility damage ensuing from CITY'S LANDSCAPE sign and presence and activities, including, but not limited to, damage caused by plants and plant roots and to teimbutse STATE fot• its costs to repair STATE facility damage ensuing from CITY'S LANDSCAPE presence and activities should STATE be requited to cure a CITY default. 1) To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attt•active condition acceptable to STATE in the event this Agteement is terminated as set Earth het•ein. m) To furnish electricity and MAINTAIN Lighting system and controls for all stt•eet lighting systems installed by and fot• CITY. n) To inspect LANDSCAPING on a regttlat• monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. o) To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. p} To MAINTAIN all sidewalks/bike paths within the AGREEMENT limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repait•, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for• an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING in an expeditious manner. q) To MAINTAIN all packing or use restrictions signs encompassed within the area of the LANDSCAPING. r) To allow t•andotn inspection of LANDSCAPING, street lighting systems, sidewalks/bike paths and signs by a STATE representative. 3 25V-5 s) To keep the entire landscaped area policed and free of litter and deleterious material. t) All work by or an behalf of CITY will be done at no cost to STATE. Section II STATE agrees to do the following: a} Provide CITY with timely written notice of unsatisfactory conditions that z•equire correction by CITY. b) Issue encroachment pezmits to CITY and CITY contractors at no cost to them. Section III Le~ai Relations and Responsibilities a) Nothing in the provisions of this Agreement is intended to create duties or obligations to oz• rights in third patties not paz•ties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, constz•uction and MAINTENANCE of these STATE highway improvements or CITY facilities different from the standard of care imposed bylaw. b) If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as pzovided by this Agreement, STATE shall direct CITY to remove oz• itself remove LANDSCAPING at CITY's sole expense and restate STATE's right of way to its prior of a safe operable condition. The CITY hereby agrees to pay said STATE expenses within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will pzovide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. c) Neither CITY nor any ofhcer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save hazmless the CITY and all of its officez•s and employees from all claims, suits or actions of evezy name, kind and description brought foz•th under, including, but not limited to, tortious, contz•actuaI, invez•se condemnation and othez• theories oz- assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4 25V-6 d) Neither STATE nor any officer or employee thereof is responsible for any injuz•y, damage or liability occurring by reason of anything done oe omitted to be done by CITY under or in connection with any work, authority oz• jurisdiction arising under this Agreement. It is understood and agz•eed that CI fY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, shits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. e) CITY shall remove its LANDSCAPING at no cost to STATE in the event the future need to State Highway operation necessitates such relocation or removal. State shall serve on CITY its written demand for such removal/ relocation specifying a zeasona6le time within which removal/ relocation is fo be completed. f) Insurance CITY and their contt•actot•s shall maintain in force, dtzz•ing the tet•m of this agreement, a policy of general liability insurance, including coverage of bodily injury Iiability and property damage liability, naming the State of Califoz•nia, its officers, agents and employees as the additional insured in an amount of $ I million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insztzance in a fozm satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. g) Labor Code Compliance• Prevailing Wages If the work performed on this Project is done under contract and falls within the Labor Code section I720(a)(1) definition of a "public work" in that it is constz•uction, alteration, demolition, installation, or repair CITY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's prevailing wage requirements. h) Prevailing Wage Requirements in Subcontracts CITY shall t•equire its contz•actors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section i720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. s 25V-7 i) Termination This Agreement maybe terminated by timely mutual written consent by the PARTIES, and CITY's failure to comply with the provisions of this Agreement wilt be grounds for a Notice of Termination by STATE. Under any of these circumstances, CITY will restore the LOCATION to its prior condition, which is acceptable to STATE at the CITY's sole cost. J) Term of Agreement This Agi•ecment shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by STATE at any time in order to restore the LOCATION for STATE use at no cost for STATE. 6 25V-8 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year hrst above written. ~`*Approved as to form and procedure: 1 __ s~ ~., - Attorney Department of Transportation APPROVED AS TO FORM: Joseph W. Fletcher By Lisa E.Storck Assistant City Attorney CITY OF SANTA ANA, a charter City and Municipal Corporation David N. Ream City Manager Patricia E. Healy Clerk of the Council STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION James P Deputy WILL KEMPTON Director of Transport By Director [aintcnance **Approval by STATE'S Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE'S Attorney as to form and procedures. 25V-9 EXHIBIT A This Exhibit includes Layout Sheet, Planting Sheets HP-59, HP60, and HP 6l, which are attached to and made a pant of this agreement. s 25V-10 fj` ~" ~' ~ ~ ~ mrnnn ~~~ GJ~ N _b ""A ~, ~~ ~~ .~i ~1 Q) Ql C') C: C'i Cis CU CD ~ ~ H H --3 s O C --~ 2 m rn -.~ 25V-11 S_/fE. 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'~ M N ' 1 ~~~~ ~'~ka~~ :1 _H .- f ~ Q ~S N \I ~~ N ~ N , • ' ~£I~= ~~ rn 01 N d A ~ /Y 1~ ~ Z ' _a m I ~' ~i ~ T i D w ,. ~, ,. a ,d i ~' ti., ~ ~ ~ g A s g ~~ ~ . m N N /~j T N N • /~ : w 4i'(H t ` , / </.~. ~E/,~s/,'~ . s?~%,o ~ Y~TC« SINE STR ~re.Lo IS«ffr «--cal { Cfn ~It( •~~~ 25V-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: r~MORANDUM OF AGREEL~NT WITH THE ORAtrTGE COUNTY INTELLIGENCE ASSESSMENT CENTER -l~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Chief of Police to execute an indemnity agreement in conjunction with the attached Memorandum of Agreement Among Public Agencies Participating in the Orange County Intelligence Assessment Center (OCIAC). DISCUSSION The Chief of Police has the authority vested in him pursuant to the California Penal Code to deploy personnel as needed. The Chief has assigned police personnel to participate in the Orange County Intelligence Assessment Center operating at the Loma Ridge facility. The participating agencies desire to enter into a Memorandum of Agreement among the participating public agencies. OCIAC will be the primary Orange County conduit through which information that may be of intelligence value to the United States' National Security Effort is funneled. The mission of OCIAC is to provide an integrated, multi-disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County. Under the proposed agreement, each member agency shall assume responsibility for its participants and will indemnify the other agencies for the sale liability of its participants. FISCAL IMPACT T ere is no fiscal impact with this action. Paul M. Walters Chief of Police Police Department 25W-1 MEMORANDUM OF AGREEMENT AMONG PUBLIC AGENCIES PARTICIPATING IN THE ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER This Memorandum of Agreement, hereinafter referred to as "MOA," is made and entered into as of the date approved by all governing bodies, which date is stated for purposes of reference only, by and among the Cities of Anaheim, Santa Ana, Irvine, and Huntington Beach; the Orange County Fire Authority and the County of Orange, by and through the Orange County Sheriff-Coroner Department and Health Care Agency, which may be referred to individually as "Party" or collectively as "Parties." RECITALS WHEREAS, the purpose of this MOA is to set forth the mission and objectives of the Orange County Intelligence Assessment Center (OCIAC) and the responsibilities of the participating agencies. WHEREAS, the mission of OCIAC is to provide an integrated, multi-disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County. WHEREAS, OCIAC will be the primary Orange County conduit through which information that may be of intelligence value to the United States' National Security Effort is funneled. WHEREAS, in order to ensure effective coordination of effort, mutual exchange of information, and investigative due diligence on matters related to terrorism that may affect Orange County, OCIAC will coordinate with the Joint Regional Information Center (JRIC), Joint Terrorism Task Force (JTTF), State Terrorism Threat Assessment Center (STTAC) and other local, county, state and federal agencies. WHEREAS, OCIAC will ensure that information obtained locally is evaluated, analyzed and forwarded to appropriate local, county, state and federal agencies. WHEREAS, in the event Orange County is faced with a major terror threat or incident, OCIAC will work toward ensuring the appropriate allocation of resources. WHEREAS, as a member of the counter-terrorism community, OCIAC will work to educate local civic groups, private enterprises and public entertainment venues in counter-terrorism awareness, and encourage reporting by management and private security. WHEREAS, it is the responsibility of all personnel assigned to OCIAC to receive 1 25W-2 information which is suspected of, or has a potential nexus to terrorism, counter- terrorism, or criminal activity, including information suspected of facilitating or aiding in the procurement of materials, financing, surveillance, and support to or of persons or entities associated with terrorism, for evaluation and investigation. WHEREAS, OCIAC will review and analyze all information concerning criminal activity that comes to the attention of OCIAC for the following purposes: • To provide timely information concerning current criminal activities, projected trends and threat assessments • To facilitate coordination of enforcement activity between different jurisdictions within Orange County • To identify and track offenders committing crimes in support of criminal enterprises and terrorist organizations • To identify methods of operation related to criminal enterprises and terrorist organizations • To investigate intelligence leads on suspected criminal activity to develop these leads into a case to turn over to an enforcement unit or to prove the suspicion to be unfounded and end the case • To gather criminal intelligence information from other agencies for use by enforcement units in Orange County and to facilitate coordination between OCIAC and other law enforcement and homeland security agencies. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. ORGANIZATION OF OCIAC OCIAC, which currently operates at the Loma Ridge facility located at 2644 Santiago Canyon Road, Silverado, California, will be comprised of personnel from the Cities of Anaheim, Santa Ana, Irvine, Huntington Beach; the Orange County Fire Authority; the Orange County Sheriff-Coroner Department and the Orange County Health Care Agency. Future parties may join with approval of all parties to this MOA. 2. DIRECTION OF OCIAC Direct responsibility for the overall policy and direction of OCIAC will rest with the Orange County Sheriff-Coroner or his designee. The Sheriff-Coroner or his designee will closely coordinate with the Orange County Chiefs of Police and Sheriff's Association, and the Parties' Chiefs of Police, the Fire Authority Chief and the Director 2 25W-3 of the Health Care Agency or their designees regarding matters of mutual concern related to policy and direction to ensure appropriate resolution of issues satisfactory to all parties. 3. SUPERVISION OF OCIAC Day-to-day supervision of OCIAC will be the responsibility of the Division Commander of the Operations Support Division of the Orange County Sheriff-Coroner Department (hereinafter "Division Commander"), in conjunction with the designated supervisory personnel. Responsibility for the conduct of personnel assigned to OCIAC will remain with the employing agency. Evaluation and investigation of any complaints regarding assigned personnel will be referred to the employing agency. Disciplinary actions against assigned personnel will be undertaken or administered solely by the employing agency. All personnel will keep their respective superiors completely informed of pertinent developments. Continued assignment of personnel to OCIAC will be at the discretion of the employing agency and the Sheriff-Coroner or his designee. 4. PERSONNEL ASSIGNED TO OCIAC Each party will assign appropriate personnel, on either afull-time or part-time basis, to participate in OCIAC. All personnel assigned to OCIAC will be expected to conform to his or her agency policies, requirements and procedures as well as any additional policies, requirements and procedures applicable to OCIAC. All assigned personnel will at all times during their work with OCIAC be employees of their respective agencies. With the exception of Sheriff-Coroner Department or Health Care Agency personnel, no assigned personnel will qualify for workers' compensation or other benefits of any kind through the County of Orange, nor will he or she be entitled to any rights or privileges of County of Orange employees. 5. SALARIES AND BENEFITS Salaries, benefits and overtime of all personnel assigned to OCIAC will be paid by their respective agencies. Overtime will be compensated in accordance with applicable agency overtime provisions and will be subject to the prior approval of appropriate personnel of each respective agency. Per diem, and other travel expenses, except those incurred during an investigation for OCIAC as specified in paragraph 7, will be paid by the employing agencies. 6. TRAINING EXPENSES As part of their assignment to OCIAC, personnel may attend training classes or programs with the prior approval of the Division Commander. Training costs not covered by Homeland Security Grant funding will be submitted to the employing agency for approval and payment. 3 25W-4 7. INVESTIGATIVE EXPENSES During an investigation for OCIAC, personnel assigned to OCIAC may incur investigative expenses with the prior approval of the Division Commander. Funds of the Operations Support Division of the Orange County Sheriff-Coroner Department may be used to reimburse these expenses. Requests for reimbursement from the employing agency must be submitted to the Division Commander for approval and subsequent processing through the Financial and Administrative Services Division. A format for claiming these investigative expenses will be instituted in conjunction with Sheriff Financial personnel and will require submittal of appropriate expense information. All purchases and claims must comply with County of Orange and Sheriff-Coroner Department procedures governing purchasing, invoicing, use of petty cash, travel and any related financial transactions. In the event that funds of the Operations Support Division of the Orange County Sheriff-Coroner Department are insufficient to fully reimburse participating agencies as described herein, reimbursement will be made on a pro-rata basis. 8. RIGHT TO AUDIT Each party to this MOA will make available to authorized representatives of the County of Orange, at all reasonable times, its records of investigative expenses and reimbursement related to this MOA. The County of Orange or an independent auditor may audit such records. If an audit determines that ineligible costs have been reimbursed, the agency shall immediately repay to the County of Orange the amount determined to be ineligible. If not repaid within thirty days, the County of Orange may hold the amount determined to be ineligible from future reimbursements. The Parties will maintain the original copies of all records related to these expenses and reimbursement for a period of three years after the date the expense is reimbursed. 9. LICENSE TO USE REAL AND PERSONAL PROPERTY OF THE COUNTY OF ORANGE. In consideration of the promises contained herein, the County of Orange hereby grants to the other Parties free use of office space, furniture and equipment, including but not limited to radios, computers, cellular telephones, and Blackberry devices. Said office space, furniture and equipment will be used solely by the personnel of the Parties while performing their assigned duties related to OCIAC. The precise location, size and type of said office space, furniture and equipment will be determined by the Orange County Sheriff-Coroner or his designee. The County of Orange will supply all repair, maintenance and janitorial supplies and services to said premises and will be responsible for all charges for utilities supplied to said premises. The County of Orange, by and through its Sheriff-Coroner Department, will also provide all necessary secretarial, clerical and technical support for OCIAC. 4 25W-5 The County of Orange will pay for all telephone bills, including cellular phone and Blackberry device bills for County-issued cellular phones or Blackberry devices for personnel performing their assigned duties related to OCIAC. Copies of bills received from Sheriff's Financial/Administrative Services will be provided to the Division Commander for review. Should the Division Commander identify any questionable use of the cellular phone or Blackberry device, he/she will determine if the usage was appropriate. The Division Commander may demand, at any time, that personnel return a County-issued cellular phone or Blackberry device. 10. PERMISSION TO USE COUNTY OF ORANGE VEHICLES In consideration of the promises contained herein, the County of Orange hereby grants to the other Parties permission for the Parties' personnel to operate and ride as passengers in vehicles owned or leased by the County of Orange, while performing their duties related to OCIAC. The County of Orange will supply all repair and maintenance services for said vehicles, and will pay all fuel costs for said vehicles. The determination of which personnel assigned to OCIAC may use County owned or leased vehicles and when the personnel may use these vehicles rests in the sole discretion of the Division Commander. Each Party agrees to be financially responsible for any property damage to a County owned or leased vehicle operated by its employee. Each Party further agrees to be financially responsible for any tortious act or omission by its employee resulting from its employee's use of a County owned or leased vehicle. 11. RECORDS AND REPORTS All reports and records will be designated "confidential." The material will be secured under lock and key when unattended. Access to all files is on a need-to-know basis. Storage of records and reports and dissemination of information will always be done in strict accordance with applicable local, state and federal laws. 12. MEDIA RELEASES All media releases on OCIAC matters will be mutually agreed upon and coordinated jointly within the existing respective agencies' guidelines. 13. MUTUAL INDEMNIFICATION Each Party will defend, indemnify and hold harmless the other Parties, their elected and appointed officials, employees, and agents and those special districts and agencies for which the County of Orange's Board of Supervisors acts as the governing Board, from and against any and all claims, losses, damages, costs, or expenses including reasonable attorney's fees or other liability of any kind arising out of or connected directly or indirectly with any act or omission of the Party, its officers, employees or agents related to this MOA. 5 25W-6 This indemnification will commence on the effective date of this agreement and will continue thereafter for any and all causes of action accruing during the term of this agreement. 14. INSURANCE Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required, and automotive liability insurance or maintain aself-insuring fund for the term of this MOA in the amounts determined by each Party to adequately insure such Party's liability assumed herein. 15. TERM/TERMINATION The term of this MOA will commence upon approval by the Parties' governing bodies and will extend until terminated by all the Parties. Any party may terminate its participation in this MOA, with or without cause, upon thirty days written notice to all other parties. Upon termination of any Party's participation, any equipment issued by the County of Orange must be immediately returned. Obligations pertaining to indemnification for and defense of causes of action accruing during the term of this MOA will extend beyond the termination of this MOA until fully performed. Any notice of termination will be sent to: For County of Orange: Orange County Sheriff-Coroner Department Operations Support (Loma Ridge) 2644 Santiago Canyon Road Silverado, CA 92676 Attn: Division Commander For City of Anaheim: City Clerk 200 S. Anaheim Blvd. Anaheim, CA 92805 Copy to: Anaheim Chief of Police 425 S. Harbor Blvd. Anaheim, CA 92805 For City of Santa Ana: City Clerk 20 Civic Center Plaza, 8~' Floor Post Office Box 1988 Santa Ana, CA 92702 Copy to: Santa Ana Chief of Police 60 Civic Center Plaza Santa Ana, CA 92702 6 25W-7 For City of Irvine: City Clerk 1 Civic Center Plaza Irvine, CA 92606 Copy to: Irvine Chief of Police 1 Civic Center Plaza Irvine, CA 92606 For City of Huntington Beach: City Clerk 2000 Main Street Huntington Beach, CA 92648 Copy to: Huntington Beach Chief of Police 2000 Main Street, P.O. Box 70 Huntington Beach, CA 92648 For Orange County Fire Authority: Orange County Fire Authority 1 Fire Authority Road Irvine, CA 92602 16. ALTERATION OF TERMS This MOA fully expresses all understandings of the Parties with respect to the subject matter of this MOA, and constitutes the complete agreement among the Parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by the Parties. 7 25W-8 IN WITNESS WHEREOF, the parties have executed this MEMORANDUM OF AGREEMENT in the County of Orange, State of California. COUNTY OF ORANGE Dated: By: Dated: Chair of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 Attest: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California APPPROVED AS TO FORM: Office of the County Counsel Orange County, California B y: Dated: Deputy 25W-9 CITY OF HUNTINGTON BEACH Dated: ATTEST: Kenneth W. Small, Chief of Police Huntington Beach Police Department City Clerk APPROVED AS TO FORM: City Attorney 9 25W-10 CITY OF ANAHEIM Dated: ATTEST: City Clerk APPROVED AS TO FORM: David M. Morgan, City Manager City Attorney 10 25W-11 CITY OF IRVINE Dated: David L. Maggard, Jr., Chief of Police Irvine Police Department ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11 25W-12 CITY OF SANTA ANA Dated: ATTEST: Paul M. Walters, Chief of Police Santa Ana Police Department City Clerk APPROVED AS TO FORM: City Attorney 12 25W-13 ORANGE COUNTY FIRE AUTHORITY Dated: By: ATTEST: Clerk of the Authority APPROVED AS TO FORM: General Counsel 13 25W-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 07, 2008 TITLE: CONTRACT RENEWAL FOR BANK DEPOSITORY SERVICES . ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Bank of America for bank depository services for a two-year period in an annual amount not to exceed $100,000. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking transactions for the City, Redevelopment Agency and the Housing Authority. On June 20, 2005, the City Council awarded a contract for a three-year period with an option for a two-year renewal. Bank of America continues to maintain the lowest prices available and has performed satisfactorily during the past contract period. As a result, staff recommends authorizing the renewal of the contract. FISCAL IMPACT Monthly bank charges will be deducted from interest earned on account balances. \ a ~ ..-, Francisco Gutierrez Executive Director Finance & Management Services Agency 25X-1 FIRST AMENDMENT TO AGREEMENT FOR TREASURY SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between BANK OF AMERICA, N.A. ("Bank") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2005-193, dated July 1, 2005, (hereinafter "said Agreement") by which Bank has provided bank depository services for City. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional two-year period and increase Compensation to pay for depository services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. City hereby elects to exercise its option to extend the term of said Agreement for an additional two-year period, through June 30, 2010. 2. Bank and City agree that during the extended term of said Agreement, Bank will charge fees for its services as set forth in the Schedule of Fees, attached hereto as Exhibit A, and incorporated by this reference. Total depository fees charged by Bank shall not exceed $100,000.00, annually, during the extended term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: ,, / r '~'~J`OSEPH W. FLETCHE City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager BANK OF AMERICA, N.A. (NAME) (Title) 25X-2 EXHIBIT A TREASURY MANAGEMENT SERVICES SCHEDULE OF FEES 25X-3 i ~. ~ ~ ~ ~ ~ ,, ~,~ C i ~ SR - ~ ~~I .` }~ y ~ ~ j ~ ~ _ l {~ l ~ i`y.R VF T f I~w! F ~ ~ ~+mf 'aR. n ~ ~ ~ ~ ~ ~V ~ ~ ~ ~ ~e y ~y fi.F1 ~Y C"f- '~' / ~ 1 R r: ~,. V ~ ~ ~ z .,.~., "" tat -~a ~` ~. te5~ i~! ~ ~ ~ ~ Q -~ ~ cn ~ t.~ v~ ~ ~ ~ ~ c7 rn ~ .~.~ 4 b ~ ~ v ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~'' ~, - '~ m ~ f ~ ~ i71 ~ ~ ~ ', f C S'! ~ 'tit ~ ~ a ~ {~? ""` a ~ ~ CL`s ~ ^J ~ _'' _.a G'~7 ""~ t~ ~a ~'' ~ ~ „ ~ U~ ~tt } ~ ~ ~ C~Tt J ~ ~ ~ f~ C~~ C~7 O 1~ C~7 t~' ~ ± #~3 ,~ ' fd3 ~ ~ W ~ ~ ~ ~€! ~ ~ ~ t CJ C am" ~ L~3'S KK~3 ' tit ~ +~ C ~'7 j ~.' {p ~ . ~ :~ ~ C7 C~ ~{} ~ tJ b~ 4y9 ff3 ~3 {~ {,q ok . Q ~ ~ ~~ U ~ ~ ~ ~, ~ ,~ ~ ~ ~ ~ ~ c,,, c ~ ~ ry~ ~ F i ' ~fi4 .~,~. l ~ fs4 ~ ' ~ #~ ~ #~ ~ U7 - •~ tt3 ~ C n C71 '~ ~' w~ n+i, t'C~ ate. ~. ~ti ~ ~' ^^ 4 .+~+ ~+ L/? ~~ ~, r~ks .~~ ~" ~- ~.,.r , ~« w ~"? i ~, ~„~ Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services P Code Code Services /Unit BankofAmeri ~~' Full Account Reconcilement 200019 13100 Minimum Monthly Maintenance 150.00 /account Monthly Maintenance 200010 13101 Automatic 75.00 /account 200019 13102 On-Call 125.00 /account 200100 13111 Additional Reconcilement (Automatic or onCall) 50.00 /certification Issue Input Fees 200201 13137 Transmission -Per Media 25.00 /transmission 200201 13103 Transmission -Per Item 0.070 /item 200202 13138 Magnetic Tape -Per Media 50.00 /tape 200202 13104 Magnetic Tape -Per Item 0.095 /item 200209 13139 Cartridge Tape -Per Media 50.00 /tape 200209 13105 Cartridge Tape -Per Item 0.095 /item 200203 13140 Diskette -Per Media 50.00 /diskette 200203 13106 Diskette -Per Item 0.095 /item 200210 13108 Manual Input -Per Item 5.00 /item 200210 46458 ARP Manual Issue Input 5.00 Media Output Fees 200301 13118 Transmission 35.00 /transmission 200302 13116 Magnetic Tape/Diskette 50.00 /tape 200309 13120 Cartridge Tape 20.00 /tape Options 200326 13145 Stale Dated Outstandings 0.03 /item 200311 13129 Microfiche -Certification 20.00 /fiche 200310 13113 Extra Paid Report (Over 1 per month) 10.00 /report 200321 13114 Extra Outstanding Report (Over 1 per month) 10.00 /report 200311 13130 Microfiche -Extra Paid Report 20.00 /fiche 200311 13131 Microfiche -Extra Outstanding Report 50.00 /fiche 200311 46045 Microfiche Report 50.00 200322 13112 Disbursement Float Report 25.00 /report 200110 13110 Issue Subtotal -Per Item 0.01 /per item Additional Report Copies 200310 13122 Reconcilement -Additional Copy 10.00 /copy 200310 13123 Paid Check Register Additional Copy 0.00 /copy 200310 13124 Check Issue Register -Additional Copy 0.00 /copy 200310 13125 Exceptions Report -Additional Copy 0.00 /copy 200310 13126 Extra Paid Report -Additional Copy 10.00 /copy 200310 13127 Extra Outstanding Report -Additional Copy 10.00 /copy Bank of America Schedule of Charges 25X-5 ~~~I~~T 1 ` Treasury Management Services Schedule of Fees ~'-~ Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ~~~ P APX Code Code Services /Unit 200208 13175 200110 13133 200110 13107 200129 13200 200020 13201 200120 13202 200301 13215 200302 13212 200309 13213 ~~ ;, 200303 13214 200311 13209 200310 13224 200325 13222 200310 13208 200121 13216 200122 13217 100699 13300 100600 13301 100610 13302 100701 13317 100709 13315 100703 13316 Other Charges Check Issue Input File Rejects 50.00 /file II`TI Aged Exceptions 0.00 /item Zero Dollar Input -Per Item 0.085 /item Partial Account Reconcilement Minimum Monthly Maintenance 100.00 /account Maintenance Fees Monthly Maintenance 55.00 /account Per Item Fees Partial Reconcilement 0.08 /item Media Output Fees Transmission 35.00 /transmission Magnetic Tape (1st Acct) 50.00 /tape Cartridge Tape (1st Acct) 50.00 /tape Diskette -First Account 50.00 /diskette Options Microfiche 20.00 /fiche Stop Payment Report 20.00 /report Subtotaling Report (Partial AR) 0.00 /location Additional Report Copies Cumulative Snapshot Report -Additional Copy 10.00 /copy Other Charges Credit -Per Item 0.12 /per item Missing Location Number 1.00 /per item Deposit Reconcilement Minimum Monthly Fee 200.00 /account Maintenance Fees Monthly Maintenance 55.00 /account Per Item Fees Deposit Recon -Per Item (Credit or Debit) 0.12 /per item Media Output Fees Transmission 35.00 /transmission Disk/Tape (Mag or Cartridge) 25.00 /output Diskette -First Account /diskette Bank of America Schedule of Charges 25X-6 2 BankofAmeri ~~' Treasury Management Services ^~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP X Code Code Services /Unit 1 Other Options/Charges 100710 13323 Subtotaling 0.00 /location 100725 13324 Snapshot Report 20.00 /report 100610 13303 Missing Location Number 1.00 /item Electronic Reconcilement (EREC) (Note:Bundled) Monthly Maintenance Fees 200500 13003 Without AR 95.00 /account 200500 13003 With Full, Partial or Deposit Recon 40.00 /account Electronic Reconcilement (EREC) -continued (Note: Bundled) Reporting and Storage Fees 200500 13003 Deposit Items 0.12 /item 200500 13003 With Deposit Reconcilement 0.02 /item 200500 13003 Check Items 0.095 /item 200500 13003 With Full or Partial AR 0.02 /item --. 200500 13003 Miscellaneous Items 0.02 /item ~ - ~ 200500 13003 Additional History 0.02 /item Other Options/Charges 100610 13303 Missing Location Number 1.00 /item 200500 13303 Special Cumulative Report 20.00 /report Other Account Reconcilement Services Check Services 159999 13627 Serial Sort with Recon -Maintenance 100.00 /account 151100 13602 Serial Sort with Recon -Per Item 0.10 /item 151310 46100 ARP Safekeeping Item 0.10 151332 13605 Check Microfilm - Per Item 0.02 /item 151336 13606 Duplicate Microfilm 15.00 /copy Image Access (CD ROM) 151350 05401 CD Rom Maintenance 15.00 /account 151351 05426 CD Rom Per Image 0.045 /item 151353 05360 CD Rom Re-creation 35.00 /CD Rom 151353 05361 Image Delivery per CD - CD Rom 10.00 /CD Rom AR Postage Fees 151200 13609 Postage At Cost 151220 13610 Courier Mail /Express Mail At Cost Bank of America Schedule of Charges 25X-7 3 Treasury Management Services Schedule of Fees E.f}ective 07/01/2004 California- Commercial Accounts Account Reconcilement Services P APX Code Code Services /Unit BankofAmeric ~~~ Other Options/Charges 200212 13607 Void/Stale Date Per Item 0.02 /item 200213 13608 Void/Stale Date Return 15.00 /return 209999 13619 Early Delivery Output Per Media 35.00 /transmission 200420 13613 Special Processing 40.00 /hour Positive Pay Services Online Positive Pay With Full Account Reconcilement 150120 20357 Online Positive Pay Return 10.00 /return 150322 13629 Positive Pay Returns Other 15.00 151341 20358 Online Positive Pay Photocopy Request 15.00 /photocopy 200201 13137 Check Issue Input -via Transmission) 25.00 /transmission 200020 13210 Partial Recon with Ppay Maintenance 55.00 200120 13211 Partial PPay Item 0.08 " 200010 13160 Full Recon w/ Ppay Maintenance -Auto 75.00 200010 13161 Full Recon w/ Ppay Maintenance - Oncall 125.00 200201 13162 Full Recon Input per Item Trans 0.70 200209 13163 Full PPay Input Per Item -Other 0.95 200099 13164 Ppay Maint - No Recon 50.00 200021 13165 Ppay No Recon Input Per Item Tran 0.03 200209 13166 PPay No Recon Input Per Item Other 0.03 Online Positive Pay Without Full Account Reconcilement 150030 Monthly Maintenance 50.00 /account 200201 Input File Transfer Fee 35.00 /transmission 200201 13137 Check Issue Input -via Transmission 25.00 /transmission Issue Input -Per Item 0.03 /item 150120 20357 Online Positive Pay Return 10.00 /return 151341 20358 Online Positive Pay Photocopy Request 8.00 /photocopy Online Reverse Positive Pay2 With Partial Account Reconcilement 150120 20357 Online Reverse Positive Pay Return 10.00 /item 151341 20358 Online Reverse Positive Pay Photocopy Request 8.00 /item Online Reverse Positive Pay 2 Without Partial Account Reconcilement 150031 20372 Online Reverse Positive Pay Maintenance 35.00 /account Output File Transfer Fee 25.00 /transmission 200201 13137 Check Issue Input -via Transmission 25.00 /transmission Output -Per Item 0.03 /item 150120 20357 Online Reverse Positive Pay Return 10.00 /item 151341 20358 Online Reverse Positive Pay Photocopy Request 8.00 /item (2) Not available on BA Direct Bank of America Schedule of Charges 25X-8 4 - Treasury Management Services Schedule of Fees Effective 07!01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~~ AFP APX Code Code Services /Unit ACH -Standard Plan Set-Up 251000 19101 ACH Set-Up 251000 19102 Additional Set-Ups 251000 19710 ACH Transmission Set-Up/Test (New Price Point) Monthly Maintenance 250000 19229 First Company ID 250000 19229 Each Additional Company (2+) Input Charges 250502 19112 Magnetic Tape Input 250501 19110 Data Transmission Input 250504 19151 PC ACH/ BA Direct 1-10 10+ '__~ 251040 19134 Vendor (Batches) 1-10 10+ 250102 19118 Bank Initiated Extract Fee 259999 19208 Security Procedure Hardware Encryption Item Processing 250107 19114 Corporate to Consumer On-Us Items -Credits 1-10,000 10,001-25,000 25,001-75,000 75,000 + 250107 19213 Corporate to Consumer On-Us Items -Debits 1-10,000 10,001-25,000 25,001-75,000 75,000 + Item Processing (continued) 250107 19115 Corporate to Consumer Off-Us -Credits 1-25000 25,001-75,000 75,001-150,000 150,001 + 250107 19214 Corporate to Consumer Off-Us -Debits 1-25000 25,001-75,000 75,001-150,000 150,001 + 250.00 /initial setup 100.00 /co. number 0.00 /one time fee 125.00 /co. number/month 100.00 /co. number/month 150.00 /input 25.00 /input 20.00 /input 15.00 /input 15.00 /input 10.00 /input 0.005 /item 50.00 /month 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.10 /item 0.10 /item 0.10 /item 0.10 /item 0.10 /item 0.10 /item 0.10 /item 0.10 /item Bank of America Schedule of Charges 5 25X-9 Treasury Management Services ~~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services :_ i~ AFP AP Code Code Services /Unit BankofAmeri ~~' 1-5,000 5,001-10,000 10,001-50,000 50,001 + 250101 19427 Corporate to Corporate On-Us Items -Credits 1-5,000 5,001-10,000 10,001 + 1-999,999 250102 14012 Corporate to Corporate On-Us Items -Debits 1-5,000 5,001-10,000 10,001 + 250101 19428 Corporate to Corporate Off-Us -Credits 1-5,000 5,001-10,000 10,001 + 1-1,000 1,001-10,000 10,001 + Item Processing (continued) 250100 14013 Corporate to Corporate Off-Us -Debits 1-5,000 5,001-10,000 10,001 + 251211 19117 International Items 1-100 101-500 501 + 250120 14015 Originated Addenda's 250140 19119 ACH Night Premium Window Surcharge Exception Item Processing 250310 14017 ACH Reclears 1-25 26-200 201-1,000 1,001 + 250300 19120 Returned Items -ACH Return 1-25 26-200 201-1,000 1,001 + Bank of America Schedule of Charges 25X-10 /item /item /item /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.05 /item 0.10 /item 0.10 /item 0.10 /item /item /item /item 0.10 /item 0.10 /item 0.10 /item 3.50 /item 2.50 /item 1.50 /item 0.05 0.05 /item 6.50 /item 6.50 /item 6.50 /item 6.50 /item 5.00 /item 5.00 /item 5.00 /item 5.00 /item 6 BankofAmeri ~~' ' Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services APX Code Code Services /Unit 251070 19121 Notification of Change 250640 19122 ACH Delete/ Reversals 250622 19716 Delete/Reversal -Batch File Optional Services 259999 19109 ACH Special Processing (Per Month) 250400 19108 Data Transmission -ACH Return Item File 251010 19146 Trace Request 250100 19215 Drafts 259999 19104 ACH Manual Prefund Surcharge 259999 19124 ACH Special Handling 250102 19118 Bank Extract Fee ACH Standard Reports 259999 19243 Electronic (via BA Direct) 259999 19241 Mail 259999 19244 Fax ACH Optional Reports 259999 19237 Electronic (via BA Direct) 259999 19239 Mail 259999 19238 Fax ACH -Low Volume Set Up 251000 19101 ACH Set-Up 251000 19102 Additional Set-Ups 251000 19710 ACH Transmission Set-Up/Test (New Price Point) Monthly Maintenance 250000 19435 Monthly Maintenance Input Charges 250504 19154 ACH - L,ow Volume Input Item Processing (monthly volume) 250102 14067 On Us Items 250102 14068 Off-Us Items Z.UU /item 20.00 /item 100.00 /batch/file 50.00 /month 75.00 /month 20.00 /item 3.00 /draft 100.00 /month 100.00 /hour 0.005 /item 2.00 /report 10.00 /report 5.00 /report 2.00 /report 10.00 /report 5.00 /report 250.00 /initial setup 100.00 /co. number 0.00 /one time fee 10.00 /co.number/month No charge /input 1.50 /item 2.50 /item Bank of America Schedule of Charges 7 25X-11 BankofAmeric ~~' Treasury Management Services Schedule of Fees E}fective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP APX Code Code Services /Unit Exception Item Processing 250310 14017 ACH Reclears 1-25 6.50 /item 26-200 6.50 /item 201-1,000 6.50 /item 1,001 + 6.50 /item 250300 19120 Returned Items -ACH Return 1-25 5.00 /item 26-200 5.00 /item 201-1,000 5.00 /item 1,001 + 5.00 /item 251070 19121 Notification of Change 2.00 /item 250640 19122 ACH Delete/ Reversals 20.00 /item 250622 19716 Delete/Reversal -Batch File 100.00 /batch/file Optional Services 259999 19109 ACH Special Processing (Per Month) 50.00 /month 250400 19108 Data Transmission -ACH Return Item File 75.00 /month 251010 19146 Trace Request 20.00 /item 250100 19215 Drafts 3.00 /draft 259999 19104 ACH Manual Prefund Surcharge 100.00 /month 259999 19124 ACH Special Handling 100.00 /hour 250102 19118 Bank Extract Fee 0.005 /item ACH Standard Reports 259999 19243 Electronic (via BA Direct) 2.00 /report 259999 19241 Mail 10.00 /report 259999 19244 Fax 5.00 /report ACH Optional Reports 259999 19237 Electronic (via BA Direct) 2.00 /report 259999 19239 Mail 10.00 /report 259999 19238 Fax 5.00 /report .~ Bank of America Schedule of Charges 8 25X-12 5 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercia[Accounts Account Reconcilement Services BankofAmeric ~~' AFP APX Code Code Services RTnit ACH Cash Concentration Service 260000 21029 260501 21024 269999 21032 260310 21025 260310 21026 260399 21022 260399 21028 260502 21020 -~ 260499 21030 260499 21031 Monthly Maintenance Company Maintenance Vendor 15.00 /month Location Maintenance - Add/Change/Delete or Cash Con Add-Maint Location 5.00 /unit Inactive Location 5.00 /month Item Processing Voice Input 0.95 /item Touchtone Input 0.85 /item Inquiry/ Correction 2.50 /item MIS Input 0.10 /item Fields Stored > 5 days 0.15 Reports Cash Concentration Report -Vendor 1.50 /report Cash Concentration Report -Per Item -Vendor 0.10 /item ACH -Receive Services PayOnly (Fraud Controls) 250150 19751 Account Blocks 250150 19761 Account Filters ACH Activity Posted 250200 45664 ACH Debits Received 250201 45662 ACH Credits Received --~ 10.00 /item 1.00 /instruction 0.10 /item 0.10 /item Bank of America Schedule of Charges 9 25X-13 Treasury Management Services "~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP APX Code Code Services /Unit BankofAmeric ~~~ Automated Investment Services -AIS Sweep FOR PUBLIC ENTITIES ONLY Public Fund Repo Investment 450020 00291 Public Fund Repo Investment-Account Maint. 200.00 /acct/month Multi-Account Public Fund 450020 00291 Master Account 200.00 /acct/month 450020 00285 Multi Accounts 100.00 /acct/month Additional Charges 459999 00236 Special Handling AIS/ABM stmt 12.50 BA Direct -Information Reporting, Stop Payments, Wires Information Reporting ` -~ Previous Day 400052 20105 Monthly Maintenance 100.00 /month/client ID 400222 20107 Previous Day Reporting Per Account 75.00 /acct/month 400221 20110 Detail -Per Item (Items stored for 5 days) 0.17 /item 400800 20109 Detail -Per Item (Extended storage - 25 days) 0.20 /item Current Day 400055 20106 Monthly Maintenance (includes 2 accts) 100.00 /month/client ID 400225 20108 Current Day Account Mtn (1-2 accounts) 0.00 /account 3+ accounts 75.00 /account 400224 20111 Detail -Per Item 0.60 /item Mainframe Transmission Reporting (M2M) Previous Day Reporting 400110 47120 Monthly Maintenance 0.00 400110 26403 Per Account 75.00 400110 47121 Per Item 0.17 i~ Current Day Reporting 400110 26400 Monthly Maintenance 0.00 400110 26402 Per Account 75.00 400110 26401 Per Item 0.60 Incoming Data Exchange (IDX) Previous Day 400120 19162 Direct IDX PDR per Account Maintenance 65.00 /IDX account 400221 20113 Direct IDX PDR -Per Item (stored for 5 days) 0.17 /item 400800 20114 Direct IDX PDR- Per Item (Ext. storage - 25 days) 0.20 /item Bank of America Schedule of Charges 10 25X-14 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ~~' ~FP AP .ode Code Services /Unit Current Day 400120 20115 Direct IDX CDR per Account Maintenance 65.00 /IDX account 400224 20112 Direct IDX CDR -Per item 0.60 /item Online Statements (IDS) 010306 25037 DDA Statement 20.00 /acct/month Account Analysis Statement ACH Reports 259999 19243 Standard Reports 2.00 /report 259999 19237 Optional Reports 2.00 /report Account Reconcilement 200305 13227 Reports - 6 cycle 20.00 /acct/month 200305 13228 Reports - 24 cycles 30.00 /acct/month Single Check Issue Input No Charge Receipts Direct (BA Direct -Image Lockbox) j 050400 27690 Receipts Image Access Maintenance 100.00 /month ~-' 050121 27691 Receipts Image access per item 0.05 /each Account Transfers 350120 08577 Direct Account Transfers 3.00 /transfer Payments Direct -Wires 359999 20117 BA Direct Wire Maintenance 50.00 /month 350551 20364 Customer Maintained Template Storage 1.50 /template/month 350551 20361 Bank Maintained Template Storage.. 1.75 /template/month 350103 08529 Electronic Wire Out -Domestic 9.00 /wire 350123 08710 Electronic Wire Out -Book Debit 5.50 /transfer 350541 08511 Electronic Wire Out -Domestic Repair 11.00 /repair 350524 08802 Electronic Draw Request -Out 7.50 /request 350524 08414 Electronic Draw Request -Out Repair 7.50 /repair 350113 08726 Electronic Wire Out -International (USD) 9.50 /wire 350113 08717 Electronic International (USD) Out -Ours 35.00 /wire Payments Direct -Foreign Exchange Wires and Drafts 600221 08723 Electronic Wire Out -International (FX) 9.50 /wire 600221 08413 Electronic Wire Out -International (FX) -Ours 25.00 /wire 359999 08825 Outgoing Global Cheque - USD -Auto 10.00 /cheque 600210 08827 Electronic Draft Issue -International (FX) 5.00 /draft 600210 08401 On-Site Foreign Draft Printing 2.50 /draft _.J Bank of America Schedule of Charges 11 25X-15 BankofAmeric ~~~ Treasury Management Services ~ ~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP AP Code Code Services /Unit 1 Stop Payments 150410 44010 Stop Pay Automated < = 12 months** 12.00 /stop 150410 44011 Stop Pay Automated > 12 months** 35.00 /stop 150400 19163 Stop Pay Inquiry 1.00 /inquiry 150400 19160 Paid Item Inquiry 1.00 /inquiry 151351 47019 Image Retrieval via BA Direct 0.25 /item Image Access 209999 44316 Image requested -Direct 2.00 /image 209999 44318 Positive Pay Image Requested -Direct 0.00 /image ** Includes single stops initiated by the VRU Controlled Disbursement Services - DeKalb GA Maintenance Fees 150000 16402 Controlled Disbursement Monthly Maintenance 150.00 /month 010000 00100 Deposit Account Maintenance 30.00 /month 159999 44025 Controlled Disb. Funding Credit (CDA2000) 1.00 /credit Checks Paid 150110 16404 Checks Paid 0.15 /item 150300 16551 Check Reject Charge >1% 0.50 /item 150340 05101 NSF Returned Check 0.00 /item Image/CD Rom Services 151350 44314 CD Rom Maintenance 35.00 /month 151351 44315 CD Rom Item (Daily) 1 to 10,000 0.03 /item 10,001 to 25,000 0.025 /item 25,001 to 50,000 0.02 /item 50,001 + 0.015 /item 151353 05361 CD Rom Disk 10.00 /disk 151353 46088 CD Rom Reborn 25.00 /CD Rom Full Account Reconcilement with Electronic Positive Pay 200010 46442 Full Reconcilement Maintenance (per cycle) 85.00 /month 200110 46443 Full Reconcilement Per Item 1 to 10,000 0.06 /item 10,001 to 25,000 0.055 /item 25,001 to 50,000 0.05 /item 50,001 + 0.045 /item Bank of America Schedule of Charges 12 25X-16 Treasury Management Services ~ Schedule of Fees Effective 07/01/1004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~~ ~FP APX ode Code Services /Unit Partial Account Reconcilement with Electronic Positive Pay 200020 46444 Partial Reconcilement Maintenance (per cycle) 200120 46445 Partial Reconcilement Per Item 1 to 10,000 10,001 to 25,000 25,001 to 50,000 50,001 + Optional Services: Full Acct Recon & Partial 200301 46046 Daily Paid Item Transmission 200301 46047 Daily Paid Item 200301 46048 Additional Data Field 200301 46067 Recon Transmission 200210 46458 Manual Issue Input 151299 46089 Special Processing 150230 46085 Stale Date Maintenance 150240 46086 Maximum Dollar Maintenance BA Direct -Electronic Positive Pay 151350 44317 Pos Pay Image Maintenance 150322 46455 Pos Pay Returns /Other 010610 25101 Photocopy/Microfiche Copy On BAMTRAC -CDR Funding Totals Only * No Stops * No PosPay On BA Direct -Funding Totals -Detail Reporting - Stop Payments - Image PosPay 60.00 /month 0.05 /item 0.045 /item 0.04 /item 0.035 /item 100.00 /month/acct 0.01 /item 50.00 /month 25.00 /each 1.00 /item 40.00 /hour 75.00 /month 75.00 /month 0.00 /month 15.00 /item 2.00 /item Bank of America Schedule of Charges 13 25X-17 BankofAmeric ~~~ Treasury Management Services ~ Schedule of Fees - Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP APX Code Code Services knit Controlled Disbursement Services -Northbrook, IL Maintenance Fees 150000 16400 Monthly Maintenance 010022 16501 ZBA Maintenance Funding Options -Bamtrac or Direct Current Day Reporting Checks Paid Fees 150110 16403 Northbrook Checks Paid 150112 16406 Northbrook Checks Paid -Truncated 151342 16825 Photocopy Request Additional Options/Charges 151200 16526 Controlled Disbursement Postage Other Services that may apply: Stop Payments Image Services Check Sequencing 150.00 /account 20.00 /account 0.15 /item 0.12 /item 5.00 /copy 0.01 /item Controlled Disbursement Services -Walnut Creek Maintenance Fees 150000 16401 Monthly Maintenance ZBA Maintenance (No Chazge) Funding Options -Bamtrac or Direct Currency Day Reporting Checks Paid Fee 150110 16405 Walnut Creek Checks Paid 150112 16407 Walnut Creek Checks Paid -Truncated Photocopy Request 151342 16825 Check Copy J Additional Options/Charges 151200 16526 Controlled Disbursement Postage Bank of America Schedule of Charges 150.00 /account 0.15 /item 0.12 /item 5.00 /copy 0.01 /item 14 25X-18 Treasury Management Services -~ Schedule of Fees Effective 07/01/1004 California- Commercial Accounts Account Reconcilement Services i _~ i~ P APX Code Code Services knit Other Services that may apply: Stop Payments Image Services Check Sequencing Depository + Maintenance 010020 00201 Master Account Maintenance 25.00 /accoundmonth 010000 00202 Sub Account 5.00 /accounbmonth IDS Statement /Supplement Report 010320 25032 Statement Sorting/Subtotaling 10.00 Depository Services -Banking Center -CALIFORNIA BankofAmeri ~~~ Deposit Services Deposits 100000 07118 Banking Center Processed Deposit 1.75 /deposit 100007 07120 QBD, Night Drop Deposit 1.20 /deposit 100100 01140 Other Deposits 1.20 /deposit 250201 19700 ACH credits received 0.10 /item Checks Deposited Unencodedl 100222 87102 Checks Deposited -All Items 0.105 /check 100222 87902 Checks Deposited 100310 87160 Foreign Checks 1.00 /check 100310 87960 Foreign Checks Bank of America Schedule of Charges 25X-19 15 Treasury Management Services ~~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ~~' AF APX Code Code Services /Unit Banking Center Coin/Currency Deposited 100010 03000 Coin Deposited -Miscellaneous Loose or Roll 0.03 /bag Coin Deposited -Bagged Loose Coin 100113 03400 Coin Deposited -Std Bags - Vlt (Sorted) 3.00 /bag 100012 03200 Nonstandard Bags: Sorted (by denomination) 5.00 /bag 100012 03300 Nonstandard Bags: Mixed (denominations) 5.00 /bag 109999 07119 Non Standard Bag Surcharge 5.00 /bag 100013 03450 Coin Deposited -Bags Subject-to-Count 5.00 /bag 100012 07117 Coin /Currency Deposited / $100 0.22 /$100 Coin & Currency Requisition Services 100040 07113 Change Order -Bkg. Center 2.20 /order Banking Center Coin Supplied 100044 07115 Individual Roll 0.10 1ro11 100044 07114 Roll/Box -Std Box 0.065 /roll 100044 96950 Coin Supplied /Full Box -Bkg Ctr. 3.50 /box 100049 07116 Currency Supplied / $100 0.12 /$100 Depository Services -Cash Vault -CALIFORNIA Deposit Services Deposits 100200 41055 Cash Letter/Item Processing 1.20 /deposit 100000 41042 Deposits/ Other Credits 1.20 /deposit 100,100 01140 Other Deposits 1.20 /deposit 100000 41046 Lockbox Deposits 1.20 /deposit 100007 07120 QBD, Quick Business Deposit /Night Depository 1.20 /deposit 100100 01100 Vault Deposits -Regular Hours 1.20 /deposit 100151 01200 Vault Deposit -Extended Hours 3.00 /deposit 100154 01500 Split Vault Deposit -Extended Hoursl 0.60 /each deposit slip (Armored Carrier /Courier delivered) Note: One deposit slip for checks only; PLUS one deposit slip for currency/coin/food/coupons/bankcard drafts ($.60/.60 per slip) 100104 01300 Envelope Deposit Detail 1.75 /envelope/package (Each envelope or subtotal package)2 100105 01411 Envelope Deposit - No Detail- CA 0.75 /envelope 100106 01950 Deposit Conditioning Surcharge3 3.00 /deposit Bank of America Schedule of Charges 16 25X-20 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services AFP APX Code Code Services /Unit BankofAmeri ~~~ 100501 01900 Deposit Correction -Cash - CA 5.00 /adjustment 100502 41035 Deposit Correction -Non Cash 5.00 /adjustment 100520 42125 Deposit Correction -Phone Call 10.00 /deposit 100104 42002 Envelope Deposit Detail /envelope/package (Each envelope or subtotal package)2 (1) Split Vault Deposits: The per deposit slip pricing is applicable only if both check and cash items aze deposited with Bank of America on a daily basis, volume minimums are met, and deposits are packaged according to defined standards. The total fee for a Split Deposit is $1.20 ($.60 each deposit slip). The standard cash vault bag is a clear plastic, disposable bag. Clients purchase their own deposit bags which must meet cash vault criteria. These deposits require special arrangements through Customer Service and Product Management prior to implementation. (2) This charge is in addition to the standazd Vault Deposit fee. Any manner of packaging of deposit components in small sub-total groups, whether in an envelope or not, is considered an Envelope Deposit. Each envelope or package is subject to a Vault Deposit Adjustment (Cash) charge if out of balance. Standard packaging criteria apply. (3) A Deposit Conditioning charge is applicable if the processing unit is required to sort and precondition the deposit before it can be verified. Deposits (continued) 100105 42003 Envelope Deposit - No Detail 100106 99055 Deposit Conditioning Surcharge Vault 100540 01905 Duplicate Adjustment Copy Duplicate Deposit Slip (if provided by customer) First duplicate 100152 01975 Each additional duplicate (prepared by bank) 100152 07555 Missing Deposit Slip 109999 07560 Missing Non-Standard Carrier Receipt 100051 01150 Safe Keeping Fee Per Bag Deposit Components Coin Deposited Vault Coin Deposited -Bagged Loose Coin 100113 03400 Standard Bags 100111 03425 Nonstandard Bags:Sorted by Denomination 100111 03426 Nonstandard Bags: Mixed Denominations Vault Currency !Coin Deposited 100112 03600 Vault Currency /Coin Deposited 100112 42010 Ctiur/Coin Deposited / $100 - Vlt 100012 07121 Curr/Coin Deposited / QBD/ Night Drop / $100 100115 03610 Vault Currency Deposited - Std Strapped Pkgs Only (FED ready)4 (Note: Subject to specific volume and packaging criteria) Bank of America Schedule of Charges 25X-21 /envelope /deposit 2.00 /copy No Charge 2.00 /copy 5.00 /deposit 5.00 /deposit 3.00 /bag 3.00 /bag 5.00 /bag 5.00 /bag 0.12 /$100 /$100 0.12 /$100 0.09 /$100 17 --,~ Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services P APX Code Code Services knit BankofAmeric%I Food Coupons Deposited 100120 02700 Unstrapped Bundles, or Loose 0.065 /coupon 100020 02000 Standard Strapped Bundles (FED Ready) No Charge (2) This charge is in addition to the standard Vault Deposit fee. Any manner of packaging of deposit components in small sub-total groups, whether in an envelope or not, is considered an Envelope Deposit. Each envelope or package is subject to a Vault Deposit Adjustment (Cash) charge if out of balance. Standazd packaging criteria apply. (4) This service requires special arrangements through Customer Service and Product Management prior to implementation. This pricing is applicable only for deposits consisting of standard strapped packages of currency (FED ready); minimum volumes are required. 100222 100310 100229 100210 100212 100213 100213 100214 100214 100215 100230 100310 100214 Checks Deposited Unencodeds 87102 Checks Deposited -All Items 87160 Foreign Checks 4190 Checks Deposited -All Items 87105 87108 87114 87914 87123 4403 87110 87142 04801 4450 100218 87921 100230 04900 100212 87168 Customer Encoded (Fully encoded and preconditioned)6 Checks Deposited On-Us Items-CA Checks Deposited Local Clearings-CA Checks Deposited -Select in Dist-CA. Checks Deposited -Other In District Checks Deposited -All Other-CA Checks Deposited -All Other-CA Checks Deposited- Local RCPC Checks Deposited- Rejects > .8% Foreign Checks Checks Deposited- Fully Encoded Non CA Dep Customer Encoded (Fully encoded and preconditioned)6 Checks Deposited- Prem Endpoint Encoded Check Reject Rate Charge Check Deposited -Pre-Encoded Items - CA 0.105 /check 1.00 /check 0.042 /check 0.048 /check 0.055 /check /check 0.075 /check 0.055 /check 1.000 1.00 /check 0.30 /check 0.075 /check (5) Dollar amount is not encoded by client. (6) Preconditioned deposits contain fully encoded checks and deposit slips; client prepazes and encodes batch headers. (7) Additional charges apply if our equipment is unable to read items your dollaz encoded. This charge applies to encoding rejects for each check over the standard reject rate of 0.75%. Bank of America Schedule of Charges 25X-22 18 Treasury Management Services ~~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~~ ~FP APX ode Code Services knit Coin & Currency Kequisitions Change Orders8 100141 07425 Change Order -Vault 3.00 /order 100142 07400 Standing 3.00 /order 100141 07425 Call-In (Change Order deadline may vary by vault) 3.00 /order 100143 07450 Late Change Order -Vlt (i.e. same day delivery) 3.00 /order (Includes special handling of orders in lieu of customer using cash vaults automated touchtone change order system where it is available.) Coin Supplied 100144 07125 By Individual Roll /Nonstandard Quantiry9 0.085 /roll 100144 07111 In standard Box Quantities 0.065 /roll 100147 07105 Loose, in Standard Bags10 1.75 /bag Currency Supplied 10014A 07300 In Standard Straps (FED Straps) 0.09 /$100 100148 07305 In Nonstandard Quantiites9 0.12 /$100 10014D 07326 Superfit ATM Currency 0.12 /$100 (Minimum order $20,000; $20 bills only. Available only from San Francisco and Los Angeles cash vaults) Depository Services -General -CALIFORNIA Monthly Maintenance 010000 00100 Monthly Maintenance 32.00 /account 010020 00201 Monthly Zero Balance Master Acct. Mtn. (*) 35.00 !master account 010021 00200 ZBA Subsidiary Account Maintenance 25.00 /account (*) This pricepoint is shared with DEP+ Master Account Maintenance. Statement Services 010310 25010 Additional Paper Stmts (more rtaa i scheanled stmUmo) 7.50 /statement 010310 82014 Fax of Deposit Statement 35.00 /statement Statement Services -Optional Reports 10320 25033 IDS Item Sort 0.00 (Note: Used for grandfathered (10/2001) CDA Deposit Sort Supplement Report) 010320 25025 Checks Paid -Report 10.00 /report 010320 25024 Checks Paid (copy) 7.50 /copy 010610 25005 Statement Copy 4.00 /statement Bank of America Schedule of Charges 19 25X-23 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~~ AFP APX Code Code Services /Unit Deposited Items Returned /Recleared (subject to prior agreement) 100400 05000 Returned Item Chargeback 5.00 /item 100440 05098 Foreign Deposited Items Returned 15.00 /item 100402 05050 Deposited Items Recleared (subject co prior a~eemenc) 5.50 /item 100420 05075 Returned Items Courtesy Call -Information 10.00 /call 100420 05077 Returned Items Required Call -Disposition 10.00 /call 100440 05080 Returned Items Advice -Duplicate Copy 2.00 /copy 100400 04163 Returns Multiple Bank Return 1.00 RCK (reclearing checks electronically) 100402 05031 Returns -Rck ACH Reclears 2.00 /item 100400 05032 Returns -Rck ACH Chazgeback 2.00 /item 100402 05036 Returns -Rck Paper Reclear 3.00 /item 100400 05035 Returns -Rck Paper Chazgeback 3.00 /item 100401 05038 Returns -Rck Special Handling 1.00 /item 100440 05040 Returns -Rck Custom Report Set-Up 100.00 100401 05039 Returns -Rck Custom Report 1.00 /item 100401 42200 Returns -Alternate Charge 0.15 100401 42217 Returns - Requalification Charge 3.50 Returned Items Reporting Options for Standard Advice: 100430 05091 Returns -Maker Required 0.25 /item 100411 05093 Returns -Maker Required -Keystrokes 0.01 /keystroke 100401 05079 Returns - Notif -Photocopy 2.00 /item 100420 05095 Returns -Notification -Fax 8.00 /item Domestic Collections Non-Documentary Incoming Collection or Non 151400 09551 Doc Incoming No Immediate Cr 10.00 /collection 600111 09400 Documentary Incoming Collection 15.00 /collection 100300 09000 Non-Documentary Outgoing Collection 12.00 /collection 100320 09100 Documentary Outgoing Collection - No Immediate Credit or Documentary Collection Outgoing Not Immediate Credit 15.00 /collection 109999 09511 Document Collection Outgoing Immediate Credit 15.00 109999 09513 Document Collection Incoming Not Immediate Credit 15.00 Bank of America Schedule of Charges 20 25X-24 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ~~ ~FP APX ;ode Code Services knit Night Deposit Services 100052 11050 .Night Deposit Vault Rental 17.50 /year Night Deposit Bag: Plastic Disposable Bags No Charge Other Debits and Credits 010100 82003 Debits Posted- Other (caps at #250 = $100) 0.40 /debit 010101 82004 Credits Posted- Other (caps at #250 = $100) 0.40 /credit Disbursement Services General Services 150100 05200 General Checks Paid 0.15 /check 150102 05225 General Checks Paid -Truncated 0.12 /check 250200 19701 ACH Debits Received 0.10 /item 150500 49317 Nonrelationship Customer Check Cashed 5.00 /check 150511 08100 Cashier Check /Official Checks 7.00 /check IDS Stop Payment Order 150420 44008 Stop Pay -Manual <= 12 months 30.00 /order 150420 44009 Stop Pay -Manual > 12 months 35.00 /order 150410 44010 Stop Pay -Automated <= 12 months 12.00 150410 44011 Stop Pay -Automated > 12 months 20.00 150421 44012 Range Stops Payments -Manual <= 12 months 30.00 /order 150421 44013 Range Stops Payments -Manual >12 months 40.00 /order 150411 44015 Range Stop Automated <= 12 months 15.00 150411 44016 Range Stop Automated > 12 months 25.00 CA - DDA Stop Payment Order 150420 05600 Manual Stop 30.00 /order Check Sequencing 151100 05230 Statement Cycle 0.10 /check 151110 05235 Post Date Sequencing 0.10 /check 151100 13602 Serial Sort w/Recon Per Item 0.10 151100 46008 Check Sorting Per Item 0.10 Image Access / CD Rom 151350 05401 CD Rom Maintenance 15.00 /account 151353 05361 Image Delivery per CD - CD Rom (CD Rom Disk) 10.00 /CD 151351 \ 05426 CD Rom Per Image 0.045 /item , J 151353 05360 CD Rom Re-Creation 35.00 /CD 159999 44307 CD Rom History (Image Item -Historical CD) 0.06 /item Bank of America Schedule of Charges 21 25X-25 Treasury Management Services ~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~~ APX Code Code Services /iJnit Statement Services 010310 25010 Additional Paper Stmts (more roan i scheaulea strndmo) 7.50 /statement 010310 82014 Fax of Deposit Statement 35.00 /statement Statement Services -Optional Reports 010320 25025 Checks Paid Report 10.00 /report 010320 25024 Checks Paid (copy) 7.50 /copy Other Services 150509 05700 Checks Cashed 1.35 /check Overdrafts 151310 13625 Safekeeping per Item 0.10 150340 05100 NSF Items Paid/Returned or Uncollected Funds (UCF) Balances 20.00 /item ($200.00 maximum per day) and / or Interest on Negative Collected Balances Prime Rate + 3% (Including interest on items in the process of collection) 010610 25101 Photocopy, Microfiche, or Microfilm copy 10.00 /copy Note: If copies of more than 10 items are requested, the charge will be $30.00 per hour.) ERIN /ERIN+ ERIN 100410 19304 ERIN Monthly Maintenance 0.00 /account/month 100411 19301 ERIN Return Item (reported) 1.25 /item ERIN+ 100410 ERIN+ Return Item Maintenance 25.00 /account/month 100411 19302 ERIN+ Return Item 1.25 /item 100430 19303 ERIN+ Return Item Data (keystrokes) 0.03 /keystroke (remitters name, phone number.......etc.) Must ADD BA Direct reporting fees _~, Bank of America Schedule of Charges 22 25X-26 Treasury Management Services ~~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~' ~FP APX ode Code Services /Unit Express Tax Service Express Tax Phone Service Federal Tax Deposit by Phone 25010B 21057 EFTPS - ACH Credit or Federal EFTPS Tax by Pho: 25010B 21055 State Tax Phone Deposit 250711 21058 Mailed Receipt by U.S. Mail 250711 21059 Faxed Receipt 250510 21042 Customer Service Operator -Manual Deposit 250720 21056 Quarterly Report Transaction printed Express Tax PC-Based Service 259999 21049 Express Tax Installation (Up to 10 entities) 25010B 21053 Per PC Transaction 250711 21058 Mailed Receipt by U.S. Mail 250711 21059 Faxed Receipt 259999 21043 Manual Assisted PC Deposit 259999 21045 Manual Assisted Fedwire -EFTPS 250720 21056 Quarterly Report Transaction printed 5.00 /receipt 3.50 /deposit 2.50 /receipt 2.00 /receipt 20.00 /deposit 25.00 /quarter 0.10 /per transaction 0.00 /per entity 3.50 /transaction 2.50 /receipt 2.00 /receipt 50.00 /deposit 75.00 /transaction 25.00 /quarter 0.10 /per transaction GLOBAL ADVICE Accounts Receivables 300340 19906 Implementation -Setup 300100 19905 Global Advice Receiving Maintenance 300522 19909 Per payment 300221 47232 Receiving-Advising -FAX Maint Accounts Payables 300340 19900 Global Advice Org -Implementation -Setup 300122 19901 Global Advice Orig -Maintenance 300122 19902 Global Advice Payroll Reporting 1-5,000 5,001-20,000 20,001+ _~ 50.00 /one-time fee 50.00 /month/account 0.75 /payment 20.00 500.00 /one-time fee 150.00 /month/account 0.30 /item 0.20 /item 0.10 /item Bank of America Schedule of Charges 23 25X-27 Treasury Management Services '`~ Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~' ~FP APX ode Code Services ~Jnit 00122 19903 Global Advice A!P Reporting 1-5,000 0.50 /item 5,001-20,000 0.40 /item 20,001+ 0.30 /item 300122 19904 A/P Single page - EOB Per Pymt 1-5,000 0.50 /item 5,001-20,000 0.40 /item 20,001+ 0.30 /item 300300 19484 Global Advice Payroll Implementation 0.00 /one-time Lockbox -Image -Atlanta, Chicago, Dallas, LA, SF, St. Louis Monthly Maintenance 050000 27111 Monthly Maintenance (Image) 175.00 /month/lockbox 050104 27212 Minimum Lockbox Charge ** 100.00 /month/lockbox Basic Processing Fees 050300 27110 Deposit Preparation -Per Deposit 1.10 /deposit 050100 27115 Image processing Per Item * (see note) 0.35 /item 050120 27753 Dual sided image maintenance 75.00 /month box 050530 27406 Non-depositable/ correspondence * 0.25 /item 05013B 27414 Cash/Gift Certificate 0.00 /item 050500 27417 Foreign item 0.00 /item CD ROM Output 050405 27334 Image Output - CD ROM 15.00 /CD OSO11R 27322 Image Documents Imaged (see note) .0.04 /image 050413 27502 Overnight courier (for CD ROM) Cost + 25% 050405 27705 Early EOM CD Delivery 50.00 /month/lockbox Optional Processing 05013G 27701 Image document original -retrieval 10.00 /item OSO11P 27602 Walk-in deposit 5.00 /deposit OSO11P 27603 Manual opening * 0.15 /item OSO11P 27309 Negotiability Review* 0.05 /item OSO11P 27605 Post date review * 0.15 /item OSO11N 27606 Paid in full review * 0.05 /item 050131 27607 11-20 payees * 0.10 /item 050131 27411 21-40 Payees * 0.15 /item 050131 27418 Greater than 40 acceptable payees * 0.30 /item 050131 27412 Accept All Payees * 0.30 /item (regs. Prod & Risk Mgmt Approval) Bank of America Schedule of Charges 24 25X-28 Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmerica~~' AFP APX Code Code Services /Unit Optional Processing (continued) 050112 27610 Rough Sorting * 0.13 /item 050114 27611 Fine sort * 0.18 /item 050112 27621 Special Group Sort 0.13 /item OSO11P 27612 Balance cks to invoices * 0.25 /item 050115 27613 Match -Compare check to invoice 0.10 /item 050540 27706 Misc. goods returned 30.00 /item OSO11P 29760 Unidentified Mail Processing 10.00 /item 05013F 27629 Special Batch Size (std. Is 50)* 0.10 /item Cash application -Data Transmission 050401 27302 Data transmission - 1st lockbox 170.00 /month 050401 27306 Data transmission - Add'1 boxes 50.00 /month 050121 27702 Transmission items (Auto MICR-line capture) 0.11 /item 050126 27630 Data Capture- Keystrokes * 0.0175 /keystroke 050127 27752 Key from backside of images 50.00 /month ~ 050332 27801 Pooling 100.00 (between BofA sites only; set fee on 1 box at the pooling site) /month bank . 050401 27303 Non-Business Days Transmission 125.00 /month/box 050137 27633 Programming 100.00 /hour Receipts Direct (BA Direct) 050400 27690 Receipts Image Access Maintenance 100.00 /month 050121 27691 Image access per item 0.05 /each 050136 27419 Non-Business Day Image Access 50.00 /month Image Transnssion 050401 27346 Image transmission maintenance 175.00 /month Need new 050420 code Image transmission per image * 0.07 /item 050499 27107 Image Transmission B&W Conversion Set-up / 350.00 /flat fee Image Download Limited to boxes with low daily volume- less than 200 images per day. Requires D1REC'T Image Access 050401 27346 Image transmission maintenance 175.00 /month 050424 27352 Image download per item * # 0.06 /item 050424 27351 Image Download Maint 100.00 Reporting Options 050320 27402 Automated phone call- 1st box 100.00 /month 050320 27403 Phone call -Additional box 45.00 /month 050320 27405 Non business day call 100.00 /month _ I 050310 27404 FAX -Notification (dep totals, detail or other info) 115.00 /month Bank of America Schedule of Charges 25 25X-29 Treasury Management Services Schedule of Fees - E}jective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric ~~' AFP APX Code Code Services /Unit Mailout Options 05011E 27703 Package Preparation -Per month 35.00 /month bank 050410 27501 Std. U.S. Mail -Per Item 0.25 /item mailed 050413 27502 Overnight courier cost+25% 050412 27505 Express Mail - US postal service 0.65 /item 05011E 27421 Package Preparation 5.00 /package ** If total of applicable services is less than $100, LBX minimum fee will be calculated Fee is $ l OO less amount of Total per line items asterisked. * The service codes used to calculate the Minimum Lockbox charge. # Wholesale Lockbox image download per item will be charged in conjunction with wholesale image download maintenance at $ .06 per check Wire Transfer - Outgoing Wires (via Banking Center or Internal Unit) ~ 350222 08700 Book Transfer -Bank Assisted 50.00 /transfer _ 350202 08500 Domestic Wire -Bank Assisted 50.00 /wire 350525 08803 Drawdown Request -Bank Assisted 50.00 /request 350212 08730 International Wire Out - (USD) -Bank Assisted 50.00 /wire 350212 08575 International Wire Out - (FX) -Bank Assisted 50.00 /wire 600210 08411 International Draft (FX) -Bank Assisted 50.00 /draft 600210 08412 International Draft (FX)-Bnk Assisted-Express Mau 50.00 /draft Outgoing Wires (via wire transfer department) 350202 08745 Domestic Wire -Manual 20.00 /wire 350222 08696 Book Transfer -Manual 7.00 /transfer 350525 08804 Draw Request -Out -Manual 10.00 /request 350521 08800 Drawdown Response -Wire Out -Manual 18.00 /response 350212 08740 International Wire (IJSD) -Manual 30.00 /wire 600222 08750 International Wire (FX) -Manual 30.00 /wire 350512 08752 Standing Order Transfer -Book Wire 10.00 /wire 350510 08755 Standing Order Transfer -Domestic Wire 25.00 /wire 350511 08751 Standing Order Transfer -International Wire 25.00 /wire Bank of America Schedule of Charges 26 25X-30 n Treasury Management Services Schedule of Fees Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ~~~ AFP APX Code Code Services /Unit Outgoing Wires -Automated (via BAMTRAC, WANDA, Direct) 350103 08529 Domestic Wire -Electronic 9.00 350541 08511 Domestic Wire -Electronic -Repair 11.00 350123 08710 Book Transfer -Electronic 5.50 350524 08802 Draw Request -Electronic 7.50 350524 08414 Draw Request -Electronic -Repair 7.50 350113 08726 International Wire (USD) -Electronic 15.00 350113 08717 International Wire (USD) -Electronic -Ours 35.00 600221 08723 International Wire (FX) -Electronic 9.50 600221 08413 International Wire (FX) -Electronic -Ours 25.00 359999 08825 Electronic Draft Out - Int'1-USD 35.00 600210 08827 Electronic Draft Out - Int'1 FX 5.00 600210 08401 On-Site Foreign Draft Printing 2.50 350580 08900 Foreign Draft Stop Payment 35.00 350551 20364 Cust Maint Template Storage 1.50 350551 20361 Bank Main Template Storage 1.75 359999 20117 BA Direct Wire Maintenance 50.00 350600 20360 GMTS System Maintenance 50.00 350120 08541 GMTS: EOD Book Transfer 1.00 350120 08577 Direct Account Transfers 3.00 /wire /repair /transfer /request /repair /wire /wire /wire /wire /cheque /draft /draft /stop /template/mo /template/mo /month /month /transfer /transfer Incoming Wires 350300 08765 Domestic Wire 10.00 /wire 350320 08711 Infra Company Book Credit 8.50 /transfer 350310 08609 International Wire ([JSD) 10.00 /wire 350310 08892 International Wire (FX) 7.50 /wire 350310 08719 International Wire (iJSD) Charge Beneficiary 0.00 /wire 350310 08721 International Wire (USD) Charge Our 0.00 /wire 350310 08610 International Wire (FX) Deduct 0.00 /wire 350310 08611 International Wire (FX) Ours 10.00 /wire Wire Notification (for debits, credits, or both) 350412 08693 Wire Advice -Mail 2.00 /advice 350412 08690 Wire Advice -Phone 15.00 /advice 350402 08692 Wire Advice -Fax 10.00 /advice 350411 08691 Wire Advice -Credit 2.00 /advice Other Fees 350202 01050 Manual Transfers 40.00 /transfer 350560 08810 Domestic Investigation 20.00 /investigation Bank of America Schedule of Charges 27 25X-31 25X-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE FREEWAY MAINTENANCE AGREEMENT FOR SR-22 WITHIN THE CITY OF SANTA ANA ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached maintenance agreement with Caltrans, subject to non-substantive changes approved by the City Manager and City Attorney to provide general maintenance within or outside the freeway limits along SR-22 within the City of Santa Ana. DISCUSSION As part of the SR-22 Widening Project, the City and Caltrans had agreed to certain adjustments of the local street and road system required for the widening of the freeway. Now that the work has been completed a separate maintenance agreement needs to be executed. This agreement will clarify the roles and responsibilities of both parties regarding the maintenance of structures, local streets and roads, and landscaped areas lying within or outside the freeway limits. This agreement is similar to other freeway maintenance agreements that we have with Caltrans. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISGAL IMPACT This work is estimated to cost $7,000 per year and will be paid from an existing maintenance contract. Funds are available in the Roadway Maintenance Fund (account no. 11-631-6291). /~ a ` f~ 3 ~ ~^ i ames G. Ross Executive Director Public Works Agency CLERK OF COUNCIL USE ONLY: APPROVED APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 25)~tive Director ffa ce & Mgmt. Service Agency FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into in duplicate, effective this day of 2008, is by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE," and the City of Santa Ana, a charter city and municipal corporation, hereinafter referred to as "CITY" WITNESSETH: A. WHEREAS, on , 20 a Freeway Agreement was executed between CITY and STATE wherein CITY agreed and consented to certain adjustments of the local street and road system required for the development of that portion of State Highway Route 22 from 0.06 mile west City limit (PM R9.85) at Bristol Street to 0.25 east City limit (PM R12.8) at Cambridge Street within the jurisdictional limits of CITY as a freeway; and B. WHEREAS, said freeway has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside the freeway limits; and C. WHEREAS, under Section of the above Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY streets except on those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A" and " B" which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit A and Exhibit B (B 1 and B2) which will then become part of this Agreement. 2. VEHICULAR AND PEDESTRIAN OVERCROSSINGS STATE will maintain, at STATE expense, the entire structure of any vehicular and pedestrian overcrossings below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and 25Y-2 shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. Screening shall be placed at such locations (as shall be determined by STATE), on STATE freeway overpasses on which pedestrians are allowed (as directed by Sect. 92.6 of the Streets and Highways Code). All screens installed under this program will be maintained by STATE (at STATE expense). 3. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS STATE will maintain the structure proper of all vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. This is still confusing to me and unclear as to what the City will be maintaining. Needs clarification CITY will inform STATE District Transportation Permit Engineer and obtain the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under-roadway surface and the Structure that results from modifications to the under-roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to (the State) District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to (the State) District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 4. SOUNDWALLS Responsibility for debris removal, cleaning and painting to keep CITY's side of any sound wall structure free of debris, dirt and graffiti shall lie with CITY and not with STATE. QUESTION: are the soundwalls clearly differentiated from the "wall surfaces" mentioned above in Section 3 that are the responsibility of the State to remove graffiti? 5. BRIDGE PILASTERS WITH ATTACHED CONCRETE-CAST LOGO Maintenance responsibilities for bridge pilasters with attached colored-cast concrete 2 25Y-3 logos for City identity will be divided as follows. a. STATE will maintain, at STATE's expense, the structural integrity of the pilaster and will eliminate graffiti per standard Department practices. If CITY desires the facility to be restored to original condition, then CITY may do so at CITY expense. An encroachment permit for that work will be provided at no expense to CITY. b. CITY will maintain, at CITY's expense, the cast concrete logo attached to the pilaster. Work will include but is not limited to: removal of debris and cleaning and/or painting for removal of dirt or graffiti. 6. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive freeway use shall lie with CITY and not with STATE. 7. INTERCHANGE OPERATON It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. The maintenance and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at ramp connections to CITY streets and roads shall be shared between STATE and CITY. Timing of traffic signals shall be the sole responsibility of STATE. 8. BICYCLE PATHS CITY will not have any responsibilities toward the maintenance of the bike path. Currently, this bike path is being maintained by County of Orange and this will be documented under a separate maintenance agreement with County of Orange. 9. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care with respect to the maintenance of STATE highways different from the standard of care imposed by law. B. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save 3 25Y-4 harmless the CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. C. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. D. INSURANCE CITY and their contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of $1 million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. Isn't general commercial liability coverage sufficient? 10. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by STATE for cause. It being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain other designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Freeway Agreement, has been completed. 4 25Y-5 The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SANTA ANA, a charter City and Municipal Corporation David N. Ream City Manager ATTEST: Patricia E. Healy Clerk of the Council **Approved as to form and STATE OF CALIFORNIA 25Y-6 procedure: Attorney Department of Transportation APPROVED AS TO FORM: Joseph W. Fletcher By Lisa E.Storck Assistant City Attorney DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation By James Pinheiro Deputy District Director Operations & Maintenance **Approval by STATE'S Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE'S Attorney as to form and procedures. EXHIBIT A City of Santa Ana Location (Co.-Rte.-PMT Nnmhar ORA-22-R 10.021 ORA-22-R10.866 ORA-22-R 10.992 ORA-22-R12.357 Structure Name Bristol St UC Bedford Rd OC Main St OC Cambridge St OC Logo Pilaster Structure See I 55-343 55-357 55-363 55-383 6 25Y-7 I. Santa Ana on both sides (all four corners) Freeway Maintenance Agreement with City of Santa Ana Date 25Y-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: DONATION ACCEPTANCE OF CABINETS CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the acceptance of cabinets for Police Museum. DISCUSSION Paul Cacia wishes to donate to the Santa Ana Police Department four glass cabinets for the Police Museum found on the 4th floor of the Police Administration Building. Mr. Cacia had previously loaned the cabinets to the Police Department to display Santa Ana Police Department memorabilia which included many items of his grandfather, former Santa Ana Police Captain of Detectives, Charles W. Wolford who was hired by the Santa Ana Police Department in 1923. He now wishes to donate the cabinets to the Police Department. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR GAS MAIN LINE RELOCATION ON MAIN STREET NORTH OF BROADWAY PLACE (PROJECT 07-$051) J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize a payment to Southern California Gas Company in the amount of $7,683.73 as final payment for the relocation of a 3-inch gas main line located on Main Street north of Broadway Place. 2. Authorize the City Manager and Clerk of the Council to execute the attached second amendment to the Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the manufacturing and installation of the Main Street archway sign increasing the total amount by $7,683.73, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 2, 2007, City Council authorized a payment to Southern California Gas Company in the amount of $75,540 to relocate the gas line on Main Street just north of Broadway Place. Recently, the City received a final invoice in the amount of $83,227.73 from the Gas Company for the actual cost of work performed. The additional cost due to Gas Company is $7,687.73. The City Council awarded a contract to LNI Custom Manufacturing, Inc. for the fabrication and installation of the new 87-foot wide Main Street archway sign in October 2006. To accommodate the proposed sign post footing location, the interfering underground gas line needed to be relocated from the sidewalk into the street by Southern California Gas Company. Based on the City's franchise agreement, Southern California Gas Company is not responsible for the relocation cost of the gas line since the scope of work for the Main Street Archway Sign project was not a change of grade, alignment or width of a public street. The City, therefore, is responsible for the full cost of relocating the gas line. 29B-1 Payment to Southern California Gas Company July 7, 2008 Page 2 ENVIRONMENTAL IMPACT An Environmental Review (No. 2006-020) has been completed and a Categorical Exemption has been filed for the project pursuant to the California Environmental Quality Act. FISCAL IMPACT Funds are available in the South Main Commercial Corridor Fund (account no. 553-936-6631, project 07-8051). APPROVED AS TO FUNDS AND ACCOUNTS: ames G. R ss Executive Director Public Works Agency t~C~~h ~~d~ i ~ ~ . ~ Francisco Gutierrez Executive Director ,'~`v Finance & Management Services Agency `~l~ ~~a~~(/c~-ado Nancy T. Edwards Acting xecutive Director Community Development Agency JGR/NTE/ML/EB/mlr 070708 Paymt Gas Main Line 29B-2 SECOND AMENDMENT TO MAIN STREET ARCHWAY SIGN COOPERATIVE AGREEMENT THIS SECOND AMENDMENT is entered into this Tt' day of July, 2008, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNESSETH A. The Agency and City entered into that certain agreement titled the "Main Street Archway Sign Public Improvements Cooperative Agreement" ("Agreement") dated October 2, 2006. B. The Agency contracted with the City for the City to provide for the manufacturing and installation in the South Main Project Area of public improvements Projects which consists of the Main Street Archway Sign (referred to hereinafter as "Publicly Owned Improvements") in connection with the Agency's redevelopment activities. C. The Agency agreed to pay all or part of the value of the land for and/or the cost of the manufacture and installation of such Publicly Owned Improvements to the City, including the relocation of a gas main to accommodate the sign post footing. D. The City has received a final invoice from Southern California Gas Company for the relocation of the gas main which exceeds the original estimate for the work. E. The parties hereto now wish to amend the Agreement to increase the amount of the compensation by the Agency due to the unforeseen additional costs. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: 1. The "SCOPE OF WORK" section of the Agreement shall be amended to increase the dollar amount by an additional $7,683.73 in order to cover the total cost to the Southern California Gas Company for the relocation of a 3-inch gas main line to accommodate the sign post footing. Therefore, the total compensation by the Agency to the City shall not exceed $391,328.73. City shall forward payment to the Southern California Gas Company for said pipe relocation costs. 2. All other terms and conditions included in said Agreement shall have the same force and effect and remain unchanged. 29B-3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council ATTEST: Patricia E. Healy Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Agency Counsel 2 CITY OF SANTA ANA By_ David N. Ream City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by Nancy T. Edwards Acting Executive Director 29B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: VARIANCE NO. 2008-13 AND SITE PLAN REVIEW NO. 2008-04 TO ALLOW ENCROACHMENTS INTO THE PARKING STALLS FOR THE ONE BROADWAY PLAZA OFFICE TOWER AT 1007 NORTH BROADWAY - ONE BROADWAY PLAZA LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-13 as conditioned and Site Plan Review No. 2008-04 as conditioned. PLANNING COMMISSION ACTION On May 27, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-13 as conditioned and Site Plan Review No. 2008-04 as conditioned by a vote of 3:1 (Mill opposed; Betancourt, De La Torre and Munoz absent) to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls at 1007 North Broadway in the Specific Development No. 75 (SD-75) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. _~1----, J M. Trevino Executive Director Planning & Building Agency VF: rb of/reports/va08-13spr08-09 One Broadway. cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2008 TITLE: PUBLIC HEARING - FILED BY ONE BROADWAY PLAZA LLC FOR VARIANCE NO. 2008-13 AND SITE PLAN REVIEW NO. 2008-04 TO ALLOW ENCROACHMENTS INTO THE PARKING STALLS FOR THE ONE BROADWAY PLAZA OFFICE TOWER Prepared by Vince Fregoso ` Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Variance No. 2008-13 as conditioned. 2. Adopt a resolution approving Site Plan Review No. 2008-04 as conditioned. DISCUSSION Request of Applicant The applicant for One Broadway Plaza LLC is requesting approval of a variance and site plan review approval in order to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls. Property Description The One Broadway Plaza office tower will be located on a 4.339-acre site within midtown Santa Ana. The site is currently occupied by several historic and non-historic structures that are primarily occupied by office uses. The project site is bordered by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. Surrounding land uses include single and multi- family residential and office uses to the north, and office uses to the south, east and west. The subject site is zoned Specific Development No. 75 (SD-75) and has a General Plan Land Use designation of One Broadway Plaza District Center (OBPDC), which permits office development at a floor area ratio of 2.9 (Exhibits 1 and 2). EXHIBIT A 31 A-2 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 2 Project Description The One Broadway Plaza office tower will be a 37-story, 518,003 square foot office tower that will include approximately 490,003 square feet of office space, 10,000 square feet of retail space and 18,000 square feet of restaurant dining area. The building, almost 493 feet in height, will be the tallest building in Orange County. Four buildings totaling 12,484 square feet that are currently on the project site are being rehabilitated for use by office and restaurant uses. An eight-level freestanding parking structure with a height of almost 78 feet will be provided for the project. A total of 2,463 parking spaces will be provided within this structure. Approximately 3,200 square feet of retail/restaurant space will also be provided on the ground level of the structure. The design of the structure will complement the proposed office tower, with the elevator bank incorporating the glass to be used on the tower (Exhibits 3, 4 and 5). Analysis of the Issues In 2004, the City Council approved the development of the One Broadway Plaza office tower within the midtown area of the City. In 2005, a citywide referendum affirmed the City Council's approval of the project. In addition to the office tower, the applicant received approval to construct a parking structure for the tower. The entitled plans for the project identified the width of the lot for the parking structure at 185 feet, the minimum width needed to accommodate six rows of parking and three drive aisles that were in compliance with code, including 8~ feet wide by 18 feet long parking stalls (Exhibit 6). However, during the preparation of the final design plans for the parking structure, it was determined that the width of the lot was only 180 feet, which significantly affected the design of the structure. The five-foot reduction in the width of the parking structure has resulted in the need for structural columns to encroach 12 inches into the corner of parking stalls. Section 41-1303 of the Santa Ana Municipal Code (SANG) regulates encroachments into parking stalls. This section requires parking stalls to be a minimum of 8~ feet in width and 18 feet in length. This section does not allow appurtenances in the 31 A-3 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 3 front area of a parked car unless located in their entirety at least four feet above surface level. However, this section allows parking lot lights and tree wells to encroach into parking stalls provided they extend no greater than 18 inches into a front corner of a parking stall. The applicant is requesting that the structural columns be considered appurtenances similar to parking lot lighting and tree wells and therefore be allowed to encroach into the parking stalls. The largest columns, which are three feet wide and two feet deep, will be located between parking stalls and will encroach a maximum of 18 inches in width and 12 inches in depth. The encroachment will occur in the front corner of parking stalls and, according to the parking structure engineer, will be consistent with the industry standard for parking structures. When considering that automobiles generally have curved front ends and the average vehicle width is six feet, seven inches, vehicles will still be able to be completely parked within the parking stalls (Exhibit 7). Site Plan Review approval is also required for the project. Section 41- 593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. After analyzing the project, staff has found that the project is in substantial compliance with all applicable development standards for the One Broadway Plaza Specific Development zoning district (SD-75) Although the subterranean level of the structure has been removed that reduces the size of the structure from nine levels to eight, the parking structure will still contain the 2,463 parking spaces required by the SD-75 zoning document. Based on the above analysis, staff recommends that the Planning Commission approve Variance No. 2008-13 and Site Plan Review No. 2008-04 as conditioned. 31 A-4 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. Vince Princi VF j m of/reports/va08-13spr08-04 One Broadway.pc 31 A-5 R1 Q p so-ss SD-55 ~o ° 0 P 0 SD-1: P so-ie ci C1 C2 ~~ C3 C3 C3 non Hon xou ~~ rso "` M2 I M2-non C3-A C3-A -HOU ,~, ~ i i CDi R2 cR2oll M2-xou C2- C2- C2- C2- ~ C2-nmi C2-xou C2-xou C2-xou xon xmi Hou H~II I _ ~ I Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT =- VA 08-13/S P R 08-4 ~ ONE BROADWAY PLAZA ~ 1007 NORTH BROADWAY - - =5DDFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~~K-IV1 J Q w ~ m ~ COMMERCIAL J Q O ~ U U U O ~ ~ ~ BANK ~ ~ O O WASHINGTON AVENUE RESIDENTIAL ~ O ~ W U t;- ~ ^~~ r; N ~ ~ ~ , +'~ (~ O i U .~ ..~. 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Q 0 ~ O ~ M~~ W Z WO 0 U v.•7 i ik' ~~ ~~ ~. ~ j ~' ''~'' ~! f`. n' ~ f~ ~ ~,~ VA 08-13/SPR 08-4 E~ ~~ 9' a^ s^ e m ~I ^ PROPERTY LINE ^ ^ OUTSIDE BAY COLUMN 0 1'-0' 4'-0' e'-0' SCALE: I/4' I'-~D' ,8~_O. RAMP COLUMN SCALE: I/4' I'-m' C Z'-O' VA E-13~~ ~8~ iS:*=:, ~: bk:5/21 /08 RESOLUTION NO. 2008-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-13 AS CONDITIONED AND APPROVING SITE PLAN REvIEW NO. 2008-04 AS CONDITIONED TO ALLOW STRUCTURAL COLUMNS WITHIN THE PARKING STRUCTURE FOR THE ONE BROADWAY PLAZA OFFICE TOWER TO ENCROACH INTO PARKING STALLS BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-013 and Site Plan Review No. 2008-04, both as conditioned, to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls. B. The One Broadway Plaza office tower will be located on a 4.339-acre site within midtown Santa Ana. The site is currently occupied by several historic and non-historic structures that are primarily occupied by office uses. The project site is bordered by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. Surrounding land uses include single and multi-family residential and office uses to the north, and office uses to the south, east and west. C. An eight-level freestanding parking structure with a height of almost 78 feet will be provided for the project. A total of 2,463 parking spaces will be provided within this structure. Approximately 3,200 square feet of retail/restaurant space will also be provided on the ground level of the structure. The design of the structure will complement the proposed office tower, with the elevator bank incorporating the glass to be used on the tower. D. In 2004, the City Council approved the development of the One Broadway Plaza office tower within the midtown area of the City. In 2005, a citywide referendum affirmed the City Council's approval of the project. In addition to the office tower, the applicant received approval to construct a parking structure for the tower. 2008-16 Page 1 of 7 31 A-13 E. The entitled plans for the project identified the width of the lot for the parking structure at 185 feet, the minimum width needed to accommodate six rows of parking and three drive aisles that were in compliance with code, including 8'/z feet wide by 18 feet long parking stalls. However, during the preparation of the final design plans for the parking structure, it was determined that the width of the lot was only 180 feet, which significantly affected the design of the structure. F. The five-foot reduction in the width of the parking structure has resulted in the need for structural columns to encroach 12 inches into the corner of parking stalls. Section 41-1303 of the Santa Ana Municipal Code (SAMC) regulates encroachments into parking stalls. This section requires parking stalls to be a minimum of 8'/z feet in width and 18 feet in length. G. Site Plan Review approval is also required for the project. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review is designed to ensure that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. H. Variance No. 2008-13 and Site Plan Review No 2008-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 27, 2008. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed encroachment of structural columns into the parking stalls will allow the applicant the ability to provide parking for the One Broadway Plaza office tower. The narrow width of the lot has constrained the site and has resulted in a building design that requires the columns to partially encroach into parking stalls. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. 2008-16 Page 2 of 7 31A-14 The granting of the parking stall size variance will preserve the property owner's ability to construct the One Broadway Plaza office tower, a project that is consistent with the Specific Development No. 75 (SD-75) zoning district and with a project that is consistent with the goals and policies of the General Plan 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the parking stall size variance will not be detrimental to the public welfare or injurious to surrounding property as parking stalls will still be large enough to accommodate vehicles. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as the office tower and parking structure are permitted in the One Broadway Plaza District Center (OBPDC) General Plan land use designation. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-13, as conditioned in Exhibit "A" attached hereto, and Site Plan Review No. 2008-04, as conditioned in Exhibit "B" attached hereto, in order to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls to the extent specified in said applications. The Planning Commission further finds that the proposed project has been adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 26, 2008, exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 2008 by the following vote: 2008-16 Page 3 of 7 31 A-15 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Alderete, Gartner, Leo (3) Mill (1) Betancourt, De La Torre, Munoz (3) None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2008. Date: Planning Commission Secretary City of Santa Ana 2008-16 Page 4 of 7 31 A-16 Conditions for Approval for Variance No. 2008-13 Variance No. 2008-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 04-10 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. Exhibit "A" 2008-16 Page 5 of 7 31 A-17 Conditions for Approval for Site Plan Review No. 2008-04 Conditions for Approval Site Plan Review No. 2008-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. The project shall remain in compliance with Site Plan Review No. 2008-04. Exhibit "B" 2008-16 Page 6 of 7 31 A-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008-16 riance No. 2008-13 and Site Plan Review No. 20 - m is ac ion y p acing a copy if~o enc ose in sea a enve opes a resse as follows: Michael F. Harrah One Broadway Plaza, LLC 1200 North Main Street, Suite 900 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 2008-16 Page 7 of 7 31 A-19 31 A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: SITE PLAN REVIEW NO. 2008-03 FOR THE ADDITION AND RENOVATION OF AN AUTO DEALERSHIP WITHIN THE SANTA ANA AUTO MALL (SD-60) AT 1425 AUTO MALL DRIVE FOR COMMONWEALTH AUDI, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Site Plan Review No. 2008-03 as conditioned. PLANNING COMMISSION ACTION On June 9, 2008, the Planning Commission approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-60 and adopted a resolution approving Site Plan Review No. 2008-03 as conditioned by a vote of 6:0 (De La Torre absent) to allow a 23,500 square foot addition and renovation to a vacant auto dealership within the Santa Ana Auto Mall for Commonwealth Audi at 1425 Auto Mall Drive in the Specific Development No. 60 (SD-60) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. '~~ L ,. Jay Trevino Executive Director Planning & Building Agency BA:rb ba\reports 2008\spr08-03 New Audi Dealership .cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 9, 2008 TITLE: PUBLIC HEARING - SITE PLAN REVIEW NO. 2008-03 FOR THE ADDITION AND RENOVATION OF AN AUTO DEALERSHIP WITHIN THE SANTA ANA AUTO MALL (SD-60) FOR COMMONWEALTH AUDI Prepared by B i 11 App 1 e ~- Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~rC1'~-c.e~ I-~iE--L~~ ,...~ Planning anager 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-60. 2. Adopt a resolution conditioned. DISCUSSION Request of Applicant approving Site Plan Review No. 2008-03 as Commonwealth Audi is requesting approval for a 23,500 square foot addition and renovation to a vacant auto dealership within the Santa Ana Auto Mall (SD-60) . Property Description Commonwealth Audi is proposing to relocate into the vacant KIA auto dealership located at 1425 Auto Mall Drive. The site is approximately 2.61 acres in size and is located within the 50 acre Santa Ana Auto Mall. There are currently two main buildings on the site, separated by a drive through canopy. Existing building square footage is approximately 17,630 square feet, consisting of dealer showrooms, administrative offices, parts and storage, and service/repair bays. The property is surrounded by other automobile dealerships which make up the Santa Ana Auto Mall. The property has a General Plan land use designation of Industrial (IND) and a zoning designation of Specific Development No. 60 (SD-60). Specific Development No. 60 is the zoning document that governs development within the Auto Mall (Exhibits 1 and 2). EXHIBIT A 31 B-2 Site Plan Review No. 2008-03 June 9, 2008 Page 2 Project Description Commonwealth Audi is proposing to move from their current location within the Auto Mall, which they share with Commonwealth Volkswagen, to the former KIA dealership located across the street at 1425 Auto Mall Drive. The project will renovate a vacant dealership and add approximately 23,510 square foot of new sales, reception and showroom areas. Sixteen new service bays, a detail area and car wash will also be added to the project site. The building area of the dealership after the proposed expansion will be approximately 41,140 square feet and will have a total of 28 repair bays internal to the site to service vehicles. The project will provide architectural upgrades to both the existing building and new addition. Building materials will consist of perforated and corrugated metal cladding along the north and east elevations viewable from Auto Mall Drive, glazed aluminum store front windows and doors, and a combination of cement plaster, split face and CMU block (Exhibit 3). The building expansion is set back a minimum of 60 feet from Auto Mall Drive. Approximately 5.3 percent of the site will be landscaped in compliance with the requirements set fourth in SD-60. All landscaping along Auto Mall Drive will remain. Analysis of the Issues The renovation of the dealership and building expansion requires Planning Commission approval because the project site is located within the Specific Development No. 60 zoning district. The expansion complies with City development standards and the provisions outlined in SD-60. In addition, the proposal has been reviewed and approved by the Santa Ana Auto Mall Dealer's Association in compliance with the provisions outlined in the Auto Mall Covenants, Conditions and Restrictions (CC&Rs). Based upon the above analysis, staff recommends that the Planning Commission approve Site Plan Review No. 2008-03 and the Mitigation Monitoring Program, Environmental Review No. 2007-60. 31 B-3 Site Plan Review No. 2008-03 June 9, 2008 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No.2007-60 has been prepared for this project (Exhibit 4). ~3 ,c~~ Bill Apple Associate Planner BA:jm ba\reports 2008\spr08-03 New Audi Dealership.pc 31 B-4 T u s t i n Al GENERALAGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN S P R 08-3 ~ COMMONWEALTH AUDI ~, 1425 AUTO MALL DRIVE - - =5DDFEET 1 " = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~C~BIg 1 J Q °z ~ Dealer w Parking ¢ O Z i~ i~ I N D U T R I A L J ~ WILSHIRE AVENUE ~. 1 N U S T R I A L Q 3 w 9T Q ~~F~ ~~',c 1 NDUSTRIAL J Volkswagen °°oc Saab 9G Parking °tiT O 9q 9O! 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I I [ ~ I ~. n . j"._ _ ~ I- {: U / i I' ~ - ~ LF- 1 -....- ~ I -_ I ~~ - Y' - }-- :t-- ~- I I 1 i 1 ~.1 ~ I i ~ , , I I J I !~ .1 i ~ I ~ ~ I i ~ ~ I ~ E55E ~ - r -- _ 's 9 6 ~-` -` ~ x ~ 5 3I ~ s --• ~ 5 S 66 5 ~~ ~-11 .; MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy This is to inform the general public that. the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Commonwealth Audi Automobile Dealership Project Description: The proposed project consists of the new construction and renovation of an existing 17,630 square foot auto dealership and related parking and landscaping on a 2.6 acre site within the existing 50 acre Santa Ana Auto Mall (SD-60). The project will add approximately 23,510 square feet of new space consisting of the expansion of service bays, showroom, office, pre-owned sales, mezzanine and canopy areas. The project will provide the required 116 parking spaces and meet the landscape and development standards for the SD-60 zone. The project requires Site Plan Review approval by the Planning Commission because it is located within a Specific Development zone (SD-60). The expansion of the auto dealership is consistent with the Industrial land use designation of the City's General Plan and meets or exceeds the City's design and development standards for SD-60 which governs development within the Santa Ana Auto Mall. Project Location: 1425 Auto Mall Drive Project Number: SPR 2008-3, DP 2007-16, ER 2007-60, MID 2007-74922 Public Review Period: May 7, 2008 to May 28, 2008 Hearing Date: June 9, 2008 Hearing Location: City of Santa Ana Ross Annex, Rm. 1600, Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before May 28, 2008. Please direct your comments to: Bill Apple, Associate Planner, City of Santa Ana, P.O. Box 1988, M- 20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Bill Apple at (714) 667- 2747. 08-3 3~,~~ MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 {714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy MITIGATED-NEGATIVE DECLARATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: Site Plan Review No. 2008-03, Development Processing No. 2007- 16, Environmental Review No. 2007-60 Applicant: Commonwealth Audi, c/o Ware Malcomb, Lyle Hutson. 10 Edelman, Irvine, CA 92618 Project Location /Address: 1425 Auto Mall Drive Project Title /Description: The proposed project consists of the new construction and renovation of an existing 17,630 square foot auto dealership and related parking and landscaping on a 2.6 acre site within the existing 50 acre Santa Ana Auto Mall (SD-60). The project will add approximately 23,510 square feet of new space consisting of the expansion of service bays, showroom, office, pre-owned sales, mezzanine and canopy areas. The project will provide the required 116 parking spaces and meet the landscape and development standards for the SD-60 zone. The project requires Site Plan Review approval by the Planning Commission because it is located within a Specific Development zone (SD-60). The expansion of the auto dealership is consistent with the Industrial land use designation of the City's General Plan and meets or exceeds the City's design and development standards for SD-60 which governs development within the Santa Ana Auto Mall. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures paced on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: ~ Date Associate Planner ,r _ S -O ~ This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 3'~~2 °~~ Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: Commonwealth Audi II. Project Numbers: SPR 2008-3. DP 2007-16, ER 2007-60 111. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Bill Aoole (714) 667-2747 V. Project Location: 1425 Auto Mall Drive VI. Project Sponsor's Name and Address: Lyle Hutson, Ware Malcomb, 10 Edelman, Irvine, CA 92618 VII. General Plan Designation: Industrial (IND) VIII. Zoning: Specific Development No. 60 (SD-60) IX. Description of Project: The proposed project consists of the new construction and renovation of an existing 17,630 square foot auto dealership and related parking and landscaping on a 2.6 acre site within the existing 50 acre Santa Ana Auto Mall (SD-60). The project will add approximately 23,510 square feet of new space consisting of the expansion of service bays, showroom, office, pre-owned sales, mezzanine and canopy areas. The project will provide the required 116 parking spaces and meet the landscape and development standards for the SD- 60 zone. The project requires Site Plan Review approval by the Planning Commission because it is located within a Specific Development zone (SD-60). The expansion of the auto dealership is consistent with the Industrial land use designation of the City's General Plan and meets or exceeds the City's design and development standards for SD-60 which governs development within the Santa Ana Auto Mall. X. Surrounding Land Uses and Setting: The project site is currently developed with a 17,630 square foot auto dealership and accessory uses on a rectangular shaped parcel located within the 50 acre Santa Ana Auto Mall. The Auto Mall is bounded by railroad tracks and the Orange County Flood Control Channel to the North, the Costa Mesa (55) freeway and Auto Mall Drive to the East, Edinger Avenue, auto dealerships /industrial property to the South and Ritchey Street to the West. Vehicular access to the site is from Auto Mall Drive off of either Ritchey Street to the West or Edinger Avenue to the South. Edinger Avenue is listed as a major arterial street in the Circulation Element of the City's General Plan. The project site is surrounded on three sides by other auto dealerships and Railroad tracks and the Orange County Flood Control Channel to the North. XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\Z:\WP511ENVIRONMENTAL 2008\Mit Neg Dec .Neg Dec 20081AUDy6~ ~c.~ Page 1 Of 2 1859 ,95-9 ui Q 7 0 z a 195-9 3DS9 SECTIONAL DISTRICT MAP 2o-5-9 SCALE WFEET t ' 1~~~~~ ADOPTED BY THE SANTAANA CRY COUNCIL, MARCH 2, 7959 BY ORDINANCE NS363 o lDOo 6Q MINIMUM FRONTAGE A7 GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -6000 MINIMVM EOT AgEA -B PARKINGMODIFlCATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE THISAUPISTHEOFF~culESECTIONAi oESrRICr MAP OF n+ECm of SAN1AANA C7-MD COMMUNIfY COMMERCIAL-MUSEUM DISTRICT M7 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE '~"~~~EO evcmcouNC~ RESDl11T10N N0. ]4163. DATED 11-14]d, I C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE NEAEBY Ar1E5T T/1AT T1LR UAP 1s ATROE C3 CENTRAL BUSINESS MO MILRARY OPERATIONS R4 SUBURBAN APARTMENT COPY DF 7HE ORIGMAL SEGRONAL DISTRICT MAP No. sa C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -0Z OVERLAY 20NE SD SPECIFIC DEVELOPMENT .1AY TREVr+o CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN EAECIffiVF DREOTOR gAANAa666ulnN6 ADENCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT Ceasfiub Dab May 9, 2007 RES.IM/ANX N0. ORD./RES. NO. ADOPTED DATE RES.I M / ANIL ND ORD_ /RES. ND. ADOPTED GATE RES. / M IAMC N0. 5267 5483 5779 5922 70.31 5926 60d6 AA 1037 M 1065 AA 99-< AAD&3 DRD./RES. NO. NS620 NS500 NS839 NS6M NS1022 NS10d3 NS1193 90-096 NS221d NS2d00 ADOPTED GATE 12-]-59 2-2011 44th 4/Bfi6 7-670 6470 14570 12-1]-73 42-90 1-1&94 8-16-99 -= PREPARED BV THE PLANNING DI OF SANTA ANA, CALIFORNIA REVISED 59177 Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by the project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. ~ ~ s -- 5 -- ° tf' Signature Date Bill Aogle. Associate Planner Printed Name LL\Z:\WP51\ENVIRONMENTAL 2008\Mit Neg Dec . Neg Dec 2008WUq-~ 7,~ ~ d0~~ P2ge 2 Of 2 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources I. Aesthetics -Would the project: Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ® ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ 8~~3~18 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ® ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? 3~~~ 9 i i " "~~ Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues ~ Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? ~~~~0 i i " ;~ Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Issues & Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact D. Disturb any human remains, including those ^ ^ ^ interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ® ^ 3. Seismic-related ground failure, including ^ ^ ® ^ liquefaction? 4. Landslides? ^ ^ ^ B. Would the project result in substantial soil erosion ^ ® ^ ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ ^ ^ geologic feature? D. Is the project located on strata or soil that is ^ ^ ® ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of ^ ^ ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? P~e~ ~ ~~ i 1 " ;~ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials -Would the project: Less than Significant Potentially with Significant Mitigation Impact Incorporated A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? Less Than Significant No Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ 3~~~~2 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ® ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ^ ® ^ ^ F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ^ ^ ^ loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ^ ® ^ ^ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water ^ ® ^ ^ quality during or following construction? K. Could the proposed project result in increased ^ ® ^ ^ erosion downstream? L. Result in increased impervious surfaces and ^ ® ^ ^ associated increased runoff? M. Create a significant adverse environmental impact ^ ® ^ ^ to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ^ ® ^ ^ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? ~a~e®°~~ Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact O. Tributary to other environmentally sensitive areas? ^ ® ^ ^ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ^ ® ^ ^ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ^ ® ^ ^ groundwater quality? R. Cause or contribute to an exceedance of applicable ^ ® ^ ^ surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ^ ® ^ ^ IX. Land Use and Planning -Would the project A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, or ^ ^ ^ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 1~~24 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ ® ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ® ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ® ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ® ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan ^ ^ ^ or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? ~~~3 ~5 Environmental Checklist CEQA Compliance ess tan Significant Potentially with Less Than Significant Mitigation Issues & Supporting Information Sources Impact Incorporated Significant No Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ^ ® ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ XIV. Recreation A. Would the project increase the use of existing ^ ^ ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ ^ ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ ^ ® ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? 3'~~ ~~6 i i " '~~ Environmental Checklist 1 1 CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ^ ^ ® ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ ^ ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? ^ ^ ^ F. Result in inadequate parking capacity? ^ ^ ^ G. Conflict with adopted policies supporting alternative ^ ^ ^ transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ ^ ® ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ ^ ® ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ ^ ® ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ ^ ® ^ project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater ^ ^ ® ^ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 3 ~a~ 6 ~38 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ® ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ® ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ ^ ® ^ will cause substantial adverse effects on human beings, either directly or indirectly? Page I"7 x"38 Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the Santa Ana General Plan Land Use Element No. EIR 97-1. I. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The project site is located near the Newport Freeway (SR-55) however, the segment of State Route 55 near the project site is situated within an urban setting and is void of scenic resources. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and its surrounding? D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant impact The project will replace the existing development with equal or better materials and will comply with the design standards that govern the Santa Ana Auto Mall. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project site is currently improved and surrounded by on-street lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact The proposed project will replace an existing similar urban development on the site, which is not in agricultural production. Additionally, according to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. ~g~ >~~ J Responses to Environmental Checklist For CEQA Compliance III. Air Quality A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed project would not impact the growth projections in the General Plan. Therefore, approval of the proposed expansion of an existing auto dealership would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently anon-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Da Quarter Pounds/Da Carbon Monoxide 550 24.75 550 Reactive Organic Com ounds 75 2.5 55 Nitro en Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-Term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. Pa ~'~~~30 Responses to Environmental Checklist For CEQA Compliance Short-term Construction Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate matter, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and demolition phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a general guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area and the demolition of 23,214,000 cubic feet of building area. The proposed project would require the demolition of approximately less than 100,000 cubic feet of building area and re- grading of 15,000 square feet of lot area only. The amount of grading and demolishing activities for the proposed project would be considerably less than the threshold of significance outlined in the CEQA Air Quality Handbook. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the project site. To minimize short-term construction related to air impacts within the project area, the following project enhancement measure shall be implemented. Project Enhancement Measure During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the project site shall be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 7. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. In addition, it has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. Finally, the proposed project is an auto dealership and would not generate significant long-term operational odors. Construction equipment and operations associated with the proposed project could potentially result in odor impacts. However, the odors would be short-term and would not be considered significant. P~~~~31 Responses to Environmental Checklist For CEQA Compliance IV. Biological Resources A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Approval and implementation of the proposed project will not result in impacts to any on-site biological resource. The site is currently a developed parcel of land. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. Additionally, the project site is currently developed. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources. ~~L~3~ ~ 4 Responses to Environmental Checklist For CEQA Compliance VI. Geology and Soils A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, there are no active earthquake faults, Alquist-Priolo Earthquake Fault Zones or landslides within the SD-60 project area. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the project site are similar to many other areas in the Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is considered to have High-to-Very-High potential for liquefaction impacts. The SD-60 project area is developed with existing land uses and the project site is currently developed with an existing auto dealership. The project proposes to expand the existing dealership by approximately 23,510 square feet. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. ~~~33 Responses to Environmental Checklist For CEQA Compliance B. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant With Mitigation Incorporated Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To minimize potential erosion impacts, the proposed project would be required to employ the following Best Management Practices during construction operations. Mitigation Measure Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According the City's General Plan Land Use Element EIR, the project site is located within the SD-60 project area which consists of Chino Silty Clay Loam Soils that have moderate shrink/swell potential, high corrosion potential to uncoated steel and low potential for corrosion to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process a geotechnical study would be prepared to identify geotechnical design recommendations to ensure the long-term geotechnical stability of the project site. Page 2i7~~~~'T Responses to Environmental Checklist For CEQA Compliance E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is an improved building site with an improved sewer system. In terms of geological stability, the project will not require the expansion of additional sewer facilities. VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed auto dealership expansion would have no impact on transport or disposal of hazardous material in that the proposed project would not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, the SD-60 project area is not located within any aircraft accident potential zones or crash zones. However, according to the General Plan Land Use Element EIR, the proposed project is located within a FAA Notification Area. The FAA has established height criteria to determine potential conflicts with air navigation. The proposed project height is 34 feet at the highest point and will not exceed two stories. And therefore would not be in conflict with height criteria established by the FAA. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? Resulting an increase in pollutant discharges to receiving waters? I~e~~~~ Responses to Environmental Checklist For CEQA Compliance J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? Q. Have a potentially significant adverse impact on the groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Less Than Significant With Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. The primary source of potential adverse water quality impacts associated with the construction and operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations could be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. Mitigation Measures ~~• ~~ ' ~i Responses to Environmental Checklist For CEQA Compliance • Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan(DAMP) and the City of Santa Ana Local Implementation Plan (LIP). • Provide an electronic copy of the "Water Quality Management Plan" (WOMP) that includes the following: a. Site Assessment Site design Best Management Practices (BMP) c. Applicable Routine Source Control BMP d. Selection and sizing of the the Treatment Control BMP e. Mechanism(s) by which funding for long-term operation and maintenance of all structural BMP will be provided f. Operation and Maintenance (O&M) Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. g. WQMP shall be submitted in an electronic format, Adobe PDF, Mircosoft Word or other electronic format (prior approval required). Two hand copies of the original signed owner certification page must be submitted for the City's record • The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? 3 ~~3~~ Responses to Environmental Checklist For CEQA Compliance Less than Significant Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project would just replace similar materials. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 0605900038F. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with an existing auto dealership with access to the site from Auto Mall Drive off of either Ritchey Street or Edinger Avenue. The expansion of the dealership will continue the existing development pattern and will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No impact The General Plan land use designation for the site is Industrial, which is consistent with the City's General plan for properties within SD-60. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. Pa~,.'~ c~ 3 8 10 Responses to Environmental Checklist For CEQA Compliance X. Mineral Resources A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 Git Of Santa Ana Land Use Gui delines For Exterior Noise Land Use Noise Level dBA CNEL or Ldn Desirable Maximum Maximum Acce table Low Densit Residential 55 65 Medium Densit Residential 60 65 Hi h Densit Residential 65 70 Schools 60 70 Commercial, Office 65 75 _ Industrial ____ 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 dB CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels occurs when existing traffic volumes are doubled. The proposed project would not double existing traffic volumes within the project area. Therefore, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. Pag~~o~-39 11 Responses to Environmental Checklist For CEQA Compliance B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact The construction of the proposed project would involve conventional construction equipment resulting in less than significant ground borne vibration impacts. No mitigation measures are necessary. Implementation of the proposed project would result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. The construction-related short-term noise levels would be higher than the existing or ambient noise levels in the project area today, but would no longer occur once construction of the project is complete. The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with the City's Noise Ordinance would reduce construction noise impacts to a level considered less than significant. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Pag~?,q ~~ A 0 12 Responses to Environmental Checklist For CEQA Compliance No Impact The proposed project consists of an expansion of a existing auto dealership and is consistent with existing land uses within the SD-60 project area and the General Plan Designation for the area which is Industrial. Implementation of the proposed project would not increase the population within the project area or displace existing households since there are no households within the immediate project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Police Protection: Less than Significant Impact The Santa Ana Police Department will provide police protection services for the proposed project. The Police Department is headquartered at 60 Civic Center Plaza. The City of Santa Ana is subdivided into four policing districts, with each district serving a section of the City. The proposed project is located within the Southeast District which is considered to have an average crime rate. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for police protective services, over current levels of demand within the project area and that existing levels of manpower and equipment, the Police Department would have the ability to provide adequate police protection services. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ¢~3~3d1 ~ 13 Responses to Environmental Checklist For CEQA Compliance B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. Transportation/Traffic A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact The roadways within the project area that would primarily serve the project site would include Auto Mall Drive, Edinger Avenue and Ritchey Street. Implementation of the proposed project would result in a slight increase in the daily vehicle trips and pm peak hour trips as an additional 23,510 square feet is being added to the project site for office, sales area, work bays, mezzanine and canopy. However, the proposed project is consistent with the General Plan. Traffic projections for the proposed project would be consistent with the traffic estimates projected in the Circulation Element. Implementation of the proposed project would not change the level of service of any roadway segment or intersection within the project area. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within atwo-mile radius of the airport. The maximum height of the building is 34 feet on two levels. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department for potential impacts in regards to emergency access. Both the Fire Department and the Police Department have indicated that implementation of the proposed project would not pose any emergency access constraints or adverse impacts. P~e~ ~'~F ~ 14 Responses to Environmental Checklist For CEQA Compliance F. Result in inadequate parking capacity No Impact The project's parking requirement, based on the City of Santa Ana parking code is 87 parking stalls. The project is providing 151 parking stalls; therefore the project exceeds the City's parking requirement by 64 parking spaces. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The City of Santa Ana Water Department would provide domestic water service for the proposed project. The City of Santa Ana produces water from two sources. The Orange County Groundwater Basin provides 75% of the annual water supply and the Metropolitan Water District provides 25% of the annual water supply. The City of Santa Ana has 19 active wells with combined capacities of approximately 42,500 gallons per minute. The total combined capacity of all water production facilities is 63,200 gallons per minute. The California Water Management Act of 1983 requires urban water suppliers to prepare Urban Water Management Plans to address the water needs of a community and the ability to provide water during normal, single dry or multiple dry years, based on land uses and population growth reflected in the City's General Plan. The Urban Water Management Plan is required to be updated every five years. According to the City's 2000 Urban Water Management Plan, the total projected water demand for the City in 2005 is approximately 47,265 acre feet per year, which is a decrease compared to Year 2000 water demand of 48,858 acre feet. According to the City's Water Department the long-term water demand in the City is projected to decease slightly. Implementation of the proposed project would not significantly increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and the water demands for the proposed project would be accounted for in the City's Urban Water Management Plan. A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Pag~2~~ ~ ~ ~ 15 Responses to Environmental Checklist For CEQA Compliance E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the proposed project. The project area is currently improved with waste water sewer facilities. Wastewater generated from the site would be treated at the Orange County Sanitation District Reclamation Plant No. 1. in the City of Fountain Valley. The treatment plant treats approximately 90 million gallons per day. Implementation of the proposed project would not significantly increase wastewater demands in the project area over the current condition. The wastewater demands of the proposed project would be accounted for in the City's Urban Water Management Plan. The wastewater flows generated from the proposed project would provide an incidental increase in the amount of wastewater flows to the Reclamation Plant No. 1 and would have less than a significant impact on wastewater treatment facilities. C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact Implementation of the proposed project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. Pa~~~~A A 16 Responses to Environmental Checklist For CEQA Compliance XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the Uniform Building Code, conditions of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. XVIII. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 0602320278H Pa~ ~ ~~~'F 5 17 Responses to Environmental Checklist For CEQA Compliance City of Santa Ana Development Review Committee, December 2006 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 2007 Site Visit by Bill Apple, Associate Planner, April 2008 Integrated Waste Management Solid Waste Generation Rate City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Bill Apple, City of Santa Ana Associate Planner ~~ B~~46 18 COMMONWEALTH AUDI 1425 AUTO MALL DRIVE MITIGATION MONITORING PLAN ENVIRONMENTAL REVIEW NO. 2007-60 MITIGATION MEASURE AGENCY APPROVAL Prior to issuance of Grading Permit and during construction • During construction, the contractor Public shall comply with SCAQMD Fugitive Dust Works Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: o All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. o All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. o Streets surrounding the project site shall be cleaned at the end of each day of construction. o All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. o The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. o Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. Pa~ ~`T7 o To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. • The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; and (b) Two copies of the Storm Water Pollution Prevention Plan. • Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). • Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. • The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; and (b) Two copies of the Storm Water Pollution Prevention Plan. • Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Pa~~ ~48 Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP) . • Provide an electronic copy of the "Water Quality Management Plan" (WQMP) that includes the following: o Site Assessment. o Site design Best Management Practices (BMP) . o Applicable Routine Source Control BMP. o Selecting and sizing the Treatment Control BMP. o Mechanism(s) by which funding for long-term operation and maintenance of all structural BMP will be provided. o Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. o WQMP shall be submitted in an electronic format, Adobe PDF, Microsoft Word or other electronic format (prior approval required). Two hand copies of the original signed owner certification page must be submitted for the City's record. o The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. 3 ~~9 KO- 6/5/08 RESOLUTION NO. 2008-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 2007-60 AND SITE PLAN REVIEW NO. 2008-03 TO RENOVATE A VACANT DEALERSHIP AND ADD APPROXIMATELY 23,510 SQUARE FOOT OF NEW SALES, RECEPTION AND SHOWROOM AREAS AT 1425 AUTO MALL DRIVE WHICH IS WITHIN SPECIFIC DEVELOPMENT NO. 60 (SD-60) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. The Applicant is requesting approval to renovate a vacant dealership and add approximately 23,510 square foot of new sales, reception and showroom areas at 1425 Auto Mall Drive which is within Specific Development No. 60 (SD-60) zoning district. B. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. C. The mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2007-60 and Site Plan Review No. 2008-03 came before the Planning Commission of the City of Santa Ana on June 9, 2008. D. The project is in compliance with all applicable development standards outlined within the Specific Development Plan (SD-60). Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2007-60 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The Planning Resolution No. 2008-19 Page 1 of 6 31 B-50 Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Planning Commission of the City of Santa Ana hereby approves Site Plan Review No. 2008-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 9th day of June, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Munoz(6) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2008-19 Page 2 of 6 31 B-51 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 9, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-19 Page 3 of 6 31 B-52 Conditions of Aaaroval for Site Plan Review No. 2008-03 Site Plan Review No. 2008-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by the Site Plan Review. The applicant must remain in compliance with all conditions listed below throughout the life of the Site Plan Review. Failure to comply with each and every condition may result in the revocation of the Site Plan Review. A. Planninu Division 1. All proposed site improvements must conform to the Development Review approval of DP No. 2007-16 and/or the provisions outlined in Specific Development No. 60. 2. All landscaping and plant material on the site shall be maintained with at least the same numbers and types of trees and plant material as indicated on the approved landscape plan. 3. The site occupant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. B. Public Works Auency 1. During construction, the contractor shall comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site shall be cleaned at the end of each day of construction. Exhibit A Resolution No. 2008-19 Page 4 of 6 31 B-53 d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 2. The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; and (b) Two copies of the Storm Water Pollution Prevention Plan. 3. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 4. Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 5. The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; and (b) Two copies of the Storm Water Pollution Prevention Plan. 6. Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 7. Provide an electronic copy of the "Water Quality Management Plan" (WQMP) that includes the following: a. Site Assessment. b. Site design Best Management Practices (BMP). Resolution No. 2008-19 Page 5 of 6 31 B-54 c. Applicable Routine Source Control BMP. d. Selecting and sizing the Treatment Control BMP. e. Mechanism(s) by which funding for long-term operation and maintenance of all structural BMP will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. g. WQMP shall be submitted in an electronic format, Adobe PDF, Microsoft Word or other electronic format (prior approval required). Two hand copies of the original signed owner certification page must be submitted for the City's record. h. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. Resolution No. 2008-19 Page 6 of 6 31 B-55 31 B-56 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: ORDINANCE AMENDING MUNICIPAL CODE PURCHASING RULES AND REGULATIONS SECTION 2-807 ~~ - ..~ w~ 3~ a CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending Section 2-807 of the Santa Ana Municipal Code Purchasing Rules and Regulations. DISCUSSION To improve preparedness in the event of a national disaster or act of terrorism, the City's Emergency Preparedness Committee performs drills and attends presentations by the Federal Emergency Management Agency (FEMA) to ensure compliance with federal requirements. As a result of training in Finance Disaster Cost Recovery, staff has determined that a clarification in the Santa Ana Municipal Code (SANG) regarding emergency purchases is required. Although Section 2-807 of the SAMC provides for non-bid emergency purchases, it requires the affirmative vote of at least two- thirds of the members of the city council, which may be impractical in the event of a large-scale disaster. Clarifying the City's rules regarding emergency procurement procedures will ensure that expenditures incurred in response to a disaster will be eligible for reimbursement by the FEMA. Additionally, the ordinance outlines reporting requirements to the City Council for emergency procurement. FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~~~.~~ ~'~ ~ ~a~ .~ Francisco Gutierrez Executive Director Finance and Management Services Agency 50A-1 LSS3/7/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-807 OF THE SANTA ANA MUNICIPAL CODE RELATING TO NON BID PURCHASES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 7, 2007 The City Council adopted Ordinance No. NS-2742, amending Chapter 2, Article VII of the Santa Ana Municipal Code (SAMC), "Purchasing Rules and Regulafions," to provide a comprehensive set of purchasing rules and regulations. B. Section 2-807 of said SAMC regulates non-bid purchases. Section 2-807(b) provides that emergency purchases may be made without the need for competitive bidding upon the declaration of a state of emergency in the City by an affirmative vote of two-thirds of the City Council members. C. In the event of a disaster or emergency declared by the Federal government, the Federal Emergency Management Agency (FEMA) may reimburse disaster-related expenditures made in compliance with the local agency's policies and procedures. D. It is necessary to clarify that disaster-related expenditures are authorized by the SAMC, with subsequent reporting to the City Council. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. 50A-2 Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 2-807 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-807. Non-bid purchases. The following contracts may be exempted from competitive bidding through an open market purchase by the purchasing manager, and confirmed by the city council in the case of contracts for over twenty five thousand dollars ($25,000.00), but shall nevertheless be entered into only after compliance with the rules established by the purchasing manager, which shall include the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs: (a) Purchases 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. (b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency or disaster in the city Tee~~two-t~}i,~-(~'-^vrt~l~cr~~v°~~ „f +-,o ,.;+., ..~„~~,~. A full written account of emergency procurements made during the declared emergency or disaster shall be submitted to the City Council within thirty (30) days after their procurement. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds 2/3) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the General Services Administration), astate agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for services. 50A-3 Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 50A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-X;XX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-5 50A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: ORDINANCE ENABLING THE ESTABLISHMENT OF COMMUNITY MANAGEMENT DISTRICTS i ~~~-~.r.,-_ _, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance adding Article XX to Chapter 13 of the Santa Ana Municipal Code related to establishment of Community Management Districts. DISCUSSION Beginning in the Spring of 2007, the City initiated an analysis of the various assessment options available to adopt in the Downtown. The existing Business Improvement District (BID) cannot equitably generate sufficient resources to address the economic pressures in an evolving downtown. Therefore, new assessment options were evaluated. The analysis examined Property and Business Improvement Districts (PBIDs) which are established under California statute, Community Management Districts (CMDs) which are formed under a city's charter authority, and Parking and Business Improvement Districts (BIDs), also formed under state law. All three are benefit assessment districts. The first two levy a special assessment against real property within the defined district. The third type of district levies an assessment against business. This is the type of district Downtown Santa Ana has had in place since 1984. Both the Property and Business Improvement District and the Community Management District, as tentatively framed for Downtown, can generate nearly five times the revenue of the current BID. This enables stakeholders to exercise significantly greater self-determination in the development, implementation, and management of downtown economic enhancement programs. This Community Management District ordinance lays out the processes for the establishment of this unique benefit assessment district. It is 50B-1 Establishment of Community Management Districts July 7, 2008 Page 2 patterned after the PBID statute, but offers greater local authority and flexibility. The proposed ordinance varies from the PBID in two noteworthy ways: first, the pre-formation petitioning requirement is set at thirty percent of the district value while State law requires fifty percent; second, the maximum life span for a district permitted by this ordinance is ten years while the state law was a limit of five years when it is first formed, and then allows ten year terms for subsequent renewals. As with PBIDs, a district formed under the proposed ordinance begins with a petition that proposes a district boundary and draft management plan. If the petition is accepted by the City Council, the management plan, which sets forth the powers of the district, its programs and the annual maximum assessment, is submitted to the property owners at a public hearing. Unless a majority protest is filed, the district is created and the annual assessment levied. The ordinance permits the City to enter into a contract with a non-profit corporation made up of property owners in the district to manage the district. As with other property-based assessments, to be imposed, the establishment of the district must be supported by at least fifty percent of those property assessments returning ballots. In January 2008, a Management District Formation Committee was created to investigate and pursue the development of a Community Management District. This ten member committee is comprised of key downtown stakeholders and is working with the Interim Downtown Manager/Consultant to define a workable district and develop a comprehensive management plan. As property owners vital to the success of downtown, they unanimously agreed that the Community Management District ordinance is the preferred enabling mechanism. The committee anticipates the formation of the district by the end of this year. FISCAL IMPACT There is no fiscal impact associated with this action. GZ-C~..J Nancy T. dwards Acting E cutive Director Community Development Agency NTE/TE/mlr 060208 CMD Tom 50B-2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XX TO CHAPTER 13 OF THE SANTA ANA MUNICPAL CODE RELATED TO ESTABLISHMENT OF COMMUNITY MANAGEMENT DISTRICTS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Part 7 of Division 18 of the California Street and Highways Code contains the Property and Business Improvement District Law of 1994 (the "Act") authorizing the creation of property owner based business improvement assessment districts to promote economic revitalization and physical maintenance of business districts in California in order to create jobs, attract new businesses and prevent erosion of the business districts; and, B. Section 36603 of the Act states that the Act does not preempt the authority of charter cities to adopt similar or differing methods of levying assessments for similar purposes; and, B. The City of Santa Ana is a charter city and the establishment of benefit assessment districts similar to those authorized by the Act and the levying of assessments for such purposes is a municipal affair; and, C. The City Council of the City of Santa Ana desires to enact a local ordinance for the creation and implementation of Community Management Districts substantially similar to districts authorized by the Act to enable property owners in business districts within the City of Santa Ana to raise funds for the betterment of their communities. Section 2. Article XX, Sections 13-200 through 13-216 are added to Chapter 13 of the Santa Ana Municipal Code to read in full as follows (new language in bold for tracking purposes only): 50B-3 Article XX COMMUNITY MANAGEMENT DISTRICTS Sec. 13-200. General Provisions. Whenever the public interest or convenience may require, the Council of the City of Santa Ana, acting under the authority conferred upon it by the City Charter, shall have the power and authority to provide supplemental services, activities and improvements in specifically defined districts of the City. The City shall determine and declare the geographic area(s) to be specially benefited by said services, activities and improvements; and to assess the cost and expenses of said services, activities and improvements, including all expenses incurred incidentally thereto, upon the lots or parcels of real property in proportion to the estimated benefits to be received. The procedures established herein shall be additional or alternative to any other procedure established by ordinance or State law. The election to proceed under this Article shall be expressed in a Resolution of Intent to form a district which shall be referred to as a Community Management District ("CMD"). Sec. 13-201. Definitions. (a) "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: (1) parking facilities and structures; (2) benches, booths, kiosks, display cases, pedestrian shelters and signs, trash receptacles and public restrooms; (3) public lighting and heating facilities; (4) closing, opening, widening or narrowing of existing streets; (5) security facilities or equipment or both; (6) ramps, sidewalks, plazas, town centers, pedestrian malls or similar open space; (7) rehabilitation or removal of existing structures; (8) installation or planting of landscaping, statuary, fountains, decorations and other ornamental structures and facilities; 50B-4 (9) the installation or construction or modification of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the utility, maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities; (b) "Services" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any Improvement, including: (1) repair, removal, or replacement of any part of the Improvement; (2) providing for the life, growth, health and beauty of landscaping including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (3) the removal of trimmings, rubbish, debris and other solid waste; (4) the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti; (5) providing security, sanitation, graffiti removal, street cleaning and other municipal services supplemental to those provided by the City. (c) "Activities" means, but is not limited to, all of the following: (1) promotion of public events which benefit businesses, tenants or real property in the district; (2) furnishing of music and/or entertainment in any public place within the district; (3) promotion of tourism within or benefiting the district; (4) marketing and economic development, including, but not limited to, business retention and recruitment; (c) "Owners Association" means a private nonprofit corporation registered and in good standing with the California Secretary of State that is under contract with the City to administer or implement services, activities and improvements specified in the management district plan. An Owners Association 50B-5 may be existing or newly formed. An Owners Association is a private entity and shall not be considered a public entity for any purpose, nor shall its board members or staff be considered to be public officials for any purpose. Notwithstanding the foregoing, an Owners Association when under contract with the City to manage the district 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), whenever matters within the subject matter of the CMD are heard, discussed, or deliberated by the governing board of the Owners Association, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the Owners Association of the district when under contract with the City to manage the district. (d) "Property owner" or "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. The City has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Sec. 13-202. Establishment. (a) Upon submission of a written petition signed by the property owners in the proposed district who will pay more than 30% of the assessments proposed to be levied, the City Council may initiate proceedings to form a CMD by adopting a resolution of intent to form a district conforming to the provisions of Section 13-203, below. The amount of assessment attributable to property owned by the same property owner which is in excess of 20% of the amount of all assessments proposed to be levied shall not be included in determining whether the petition is signed by the requisite percentage of the property owners. (b) The petition shall include a summary of the Management District Plan. The 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. Sec. 13-203 Resolution of Intent: Contents. 50B-6 (a) The resolution of intent described in Section 13-202, above, shall contain all of the following: (1) A brief description of the proposed services, improvements and activities; (2) The amount of the total proposed assessment; (3) A statement as to whether the assessment will be levied on property or businesses within the district; (4) A statement as to whether bonds will be issued; (5) The maximum period of time, which shall not exceed ten (10) years, for which the proposed services, improvements and activities will be carried out and for which assessments will be levied; (6) A description or depiction of the exterior boundaries of the proposed district; and, (7) The time and place for a public hearing on the establishment of the district and the levy of assessments, which shall be consistent with the requirements of Section 13-205, below. (b) 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 services, improvements and activities and the location and extent of the proposed district. Sec. 13-204. Management District Plan Contents. The management district plan shall contain all of the following: (a) 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; (b) The name of the proposed district; (c) A description of the boundaries of the district, including the boundaries of any benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. Under no circumstances shall the boundaries of a proposed district overlap with the boundaries of another existing district created pursuant to this part. Nothing in 50B-7 this part prohibits the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law; (d) The services, improvements and activities proposed for each year of operation of the district and the maximum cost thereof; (e) The total annual amount proposed to be expended for services, improvements, maintenance and operations, and debt service in each year of operation of the district; (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 his or her property or business. The plan shall also 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, the maximum number of which shall be ten (10). Notwithstanding these limitations, a district created pursuant to this Article 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; Q) Any proposed rules and regulations to be applicable to the district; (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for any 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, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property; (I) Any other item or matter required to be incorporated therein by the City Council; and, 50B-8 (m) A statement, placed in a conspicuous place on the Management District Plan, stating that assessments for the maintenance of improvements constructed by the district, if any, may continue to be levied on each parcel of land within the district for a period of time equal to the useful life of the improvement, as determined by the City Engineer, regardless of whether the district is disestablished or the term of the original levy has expired. Sec. 13-205. Procedures, Notice. If the City Council proposes to levy a new or increased property assessment, notice shall be provided and protest and hearing procedures shall be carried out in compliance with Section 53753 of the California Government Code. Sec. 13-206. Establishment of District and Levying of Assessment. (a) At the conclusion of the hearing, if there is no majority protest as determined in accordance with Sec. 13-205, the City Council may adopt a resolution of formation . (b) The City 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. (c) Notwithstanding the foregoing, proposed assessments may only be revised by reducing any or all of them and 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 or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 13-207. (d) The adoption of such resolution establishing the district and levying the assessment, or if the district has been previously established, levying the new assessment, and recordation of the notice and map pursuant to Sec.13-207, below, shall constitute the levy of an assessment in each of the fiscal years referred to in the Management District Plan. The resolution of formation shall contain all of the following: (1) A summary of the Management District Plan; (2) The number, date of adoption, and title of the Resolution of Intent; (3) The time and place where the public hearing was held concerning 50B-9 the establishment of the district or the levying of a new assessment; (4) A determination regarding any protests received; (5) A statement that a CMD has been established; (6) A statement that the services, improvements and activities to be provided in the district will be funded by the levy of assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intent, as approved, or as modified and approved, by the City Council at the hearing concerning the establishment of the district; (7) A finding that the property within the CMD will be benefited by the improvements and activities funded by the assessment to be levied. 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; and, (8) A statement, if applicable, that a continuing assessment in an amount sufficient to maintain any constructed improvement throughout its useful life, as determined by the City Engineer, may be levied on each parcel within the district regardless of whether the district is disestablished or the term of the original levy has expired. (e) Properties zoned solely for residential use may be subject to any assessment pursuant to this part, provided that the City Council finds that they benefit from the services improvements and activities funded through these assessments. Sec. 13-207. Record of Notice and Map of Assessment District. Following adoption of the Resolution establishing the district, the City shall record a notice and map describing the assessment district pursuant to California Streets and Highways Code Division 4.5, Section 3114. Sec. 13-208. Contesting the Validity of an Assessment. The validity of an assessment levied under the provisions of this Chapter shall not be contested in any action or proceeding unless the same is 50B-10 commenced within 30 days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within 30 days after entry of such judgment. Sec. 13-209. District Administration, Owners Association. The City may contract with an Owners Association to manage the district on a day-to-day basis. In the event more than one qualifying association seeks to contract with the City, that association with active membership representing the largest amount of annual assessment in the district shall be chosen. Only if that association fails to maintain its qualifications with the California Secretary of State shall the next largest association be selected. Nothing herein shall be construed to require the City to contract with an Owners Association. Sec. 13-210. Collection of Assessment: Time and Manner. The collection of assessments levied pursuant to this Chapter shall be made at the time and in the manner set forth by the City Council in the Management District Plan. The assessment 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. The City may also choose for any one year to directly bill for assessments. Non-payment of such an assessment shall be due and payable in any subsequent years when assessments are collected with ad valorem property taxes. Sec. 13-211. Annual Report: Contents. (a) For each fiscal year in which assessments are to be levied and collected to pay the costs of the improvements and activities report shall be prepared, except for the first fiscal year. (b) The report shall be filed with the Clerk of the Council and shall refer to the CMD 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 changes, including, but not limited to, the boundaries of the CMD or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, if a classification is used. (2) The improvements and activities to be provided for that upcoming fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that upcoming fiscal year. 50B-11 (4) The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The 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 or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Section 13-212, below. 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 assessments. (d) If an Owners Association is under contract with the City to manage the CMD, it shall cause the report to be prepared. Sec. 13-212. Modification of Boundaries, Assessments, Improvements or Activities. (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. (b) 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. (c) If the modification includes the levy of a new or increased assessment, the City Council shall comply with Section 13-205. (d) Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intent shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intent shall be mailed by first 50B-12 class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (e) The City Council shall adopt a resolution of intent 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 intent. (f) Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to California Streets and Highway Code Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 13-207. Sec. 13-213. Renewal of District. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this article. (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. Sec. 13-214. Dissolution of District. (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. 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. (b) The City Council shall adopt a resolution of intent to disestablish the district prior to the public hearing required by this section. The resolution 50B-13 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 intent. (c) Upon the disestablishment 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. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (d) 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. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2008 Miguel A. Pulido Mayor 50B-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50B-15 50B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2008-09 CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2008-09. DISCUSSION The State of California Constitution includes p limit ("the Gann Limit") on tax proceeds that expenditures by a local government in any given the cities establish this limit by resolution. resolution is necessary for compliance with these year ending June 30, 2009. rovisions, which impose a may be appropriated for fiscal year and requires Adoption of the subject provisions for the fiscal As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds of Taxes" is calculated to be $774,127,330 (Exhibit A) for FY 2008-09. This represents the permitted growth rate factor of 23.0118 times the adjusted base year (1978-1978) appropriation limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase; Exhibit C categorizes FY 2008-09 anticipated revenues from "Proceeds of Taxes" and "Non-Proceeds of Taxes"; and Exhibit D computes the fiscal year 2008-2009 appropriations subject to this limitation and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit D the City's anticipated FY 2008- 09 "Proceeds of Taxes" revenue will be $632,289,301 below the allowable limit. FISCAL IMPACT There is no fiscal impact associated with this action. ~G,G~z~u - Pamela Arends-King Assistant Director Finance & Management Services Agency~~ 55A-1 EXHIBIT A COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2009 Appropriation Limit: 1978-79 Base Year Permitted Growth Rate in appropriation (Exhibit B) Appropriation Limit for the Fiscal Year Ending June 30, 2009 33,640,451 23.0118 $ 774,127,330 55A-2 EXHIBIT B CALCULATION OF PERMITTED GROWTH RATE IN APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2009 Factor 2008-09: California CPI: 4.29% Converted into a Factor 1.0429 Population Growth: 1.02°/a Converted into a Factor: 1.0102 Rates of Change: 1.0442 x 1.0084 1.0535 Multiplied by 2007-08 Combined Index 21.8432 Combined Index 1979-80 through 2008-09 23.0118 55A-3 EXHIBIT C SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2009 PROCEEDS NON-PROCEEDS REVENUE OF TAXES OF TAXES TOTALS TAXES: Property Tax $ 57,785,555 $ $ 57,785,555 Sales Tax 47,345,595 47,345,595 Hotel Visitors' Tax 7,395,000 7,395,000 Business Tax 10,005,120 10,005,120 Documentary Stamp Tax 757,500 757,500 Utility Users'Tax 28,240,175 28,240,175 Total Taxes 151,528,945 151,528,945 FROM STATE: State Motor Vehicle 1,625,065 1,625,065 State Gas Tax 6,622,695 6,622,695 State Cost Reimbs 330,615 330,615 State Grants 10,429,985 10,429,985 AQMD AB 2766 , TCR AB2928 422,965 422,965 Total State 1,625,065 17,806,260 19,431,325 OTHER GOVERNMENT: Community Development (CDBG) 7,123,855 7,123,855 Homeowners Prop tax subve 277,020 277,020 UASI Grant 0 Housing (HUD) 33,143,150 33,143,150 WIA 4,205,900 4,205,900 Measure M, Street Grand, Gas Tax Exch 64,703,565 64,703,565 HOPWA 0 Civic Center and Park 4,893,320 4,893,320 Other Federal Grants 194,000 194,000 Total Other Government 277,020 114,263,790 114,540,810 55A-4 Exhibit C Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Development Fees Fines and Forfeitures Charges for Services Parks and Recreations From Use of Property Others Others -Inter-Agency Total Locally Raised OTHER MISCELLANEOUS: Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Refuse Program Saving Refuse Contract Program Surcharge Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment PROCEEDS OF TAXES 0 NON-PROCEEDS OF TAXES 3,838,825 2,546,490 741, 980 7,175,820 7,564,911 1,583,290 12,175,675 2,719,915 7,957,180 46, 304, 086 26, 340 1,171,175 1,631,505 2,913,120 35, 869,155 1,239,325 2, 872, 365 39,496,020 85,219,005 TOTALS 3,838,825 2,546,490 741,980 7,175,820 7, 564, 911 1,583,290 12,175,675 2,719,915 7,957,180 46, 304, 086 26, 340 1,171,175 1,631,505 2,913,120 35,869,155 1,239,325 2,872,365 39,496,020 85,219,005 730,599 1,428,381 2,158,980 TOTAL REVENUES $ 154,161,629 $ 265,021,522 $ 419,183,151 55A-5 EXHIBIT D APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2009 Proceeds from taxes Less: Exclusions: Capital outlay Appropriation subject to limitation Current year limit Over(under) limit $ 154,161,629 12,323,600 $ 141,838,029 774,127,330 $ (632,289,301) 55A-6 Iss:6/24/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2008-2009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in November 1978, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978-79 as adjusted for inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111 which amended Article XIII B to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction. C. Proposition 111 further modified Article XIII B requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by underexpenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. Resolution No. 2004-XXX Page 1 of 2 55A-7 F. Division 9 of Title I of the Government Code of the State of California (commencing with section 7900), as enacted by 1980 Statutes, Chapter 1205, effective January 1, 1981, directs the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came on before the City Council at its regularly scheduled meeting of July 7, 2008. H. The Executive Director, Finance and Management Services of the City of Santa Ana has determined the City's appropriation limit for fiscal year 2008-2009 in accordance with the said provisions of the Constitution and laws of the State of California and the documentation used in said determination has been available to the public since not later than June 20, 2008 in the office of the Executive Director, Finance & Management Services. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2008-2009 is hereby found and determined to be $774,127,330.00. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor Resolution No. 2004-XXX Page2of2 55A-8 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-XXX to Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2004-XXX Page3of2 Council, do hereby attest to and certify the be the original resolution adopted by the City 55A-9 55A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 7, 2008 TITLE: RESOLUTION CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SANTA ANA A J~ r f CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on lst Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER f` RECOMMENDED ACTION Adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways. DISCUSSION Each year local agencies are required to submit documentation to the Orange County Transportation Authority to obtain and remain eligible to receive Measure M Program Funds. Additionally, every even-numbered year, the City is required to adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways (MPAH). The resolution attests that the City's adopted General Plan Circulation Element does not preclude implementation of the MPAH within the City of Santa Ana. Furthermore, it declares that no unilateral reduction in through-lanes has been made on MPAH arterials during Fiscal Years 2006/2007 and 2007/2008, that a uniform setback ordinance is in effect, and that provisions are in place to limit access to arterial highways in order to protect the integrity of the system. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Adoption of the resolution will enable the City to continue to receive approximately $3.8 million Measure M turnback funds each year and to be eligible for all Competitive Grant Funding Programs administered by the OCTA. ~~ Ja s G. Ross Executive Director Public Works Agency 55B-1 bk:6/30/08 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT OF THE CITY OF SANTA ANA'S GENERAL PLAN THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does find, determine and declare as follows: A. The City of Santa Ana desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Orange County Master Plan of Arterial Highways (MPAH). B. The City of Santa Ana has endorsed a definition of, and a process for, determining consistency of the City's Traffic Circulation Plan with the MPAH. C. The City has adopted a General Plan Circulation Element, which does not preclude implementation of the MPAH within its jurisdiction. D. The City is required to adopt a resolution every even numbered year informing the Orange County Transportation Authority (OCTA) that the City's Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years 2006-2007 and 2007-2008. E. The City is required every even-numbered year to send to OCTA all recommended changes to the City Circulation Element and the MPAH for the purpose of requalifying for participation in the Combined Transportation Funding Programs. F. The City is required to self certify its Pavement Management Plan (PMP) every two years and to provide OCTA with the PMP Certification in order to obtain and remain eligible for receiving Measure M Funds. Section 2. The City of Santa Ana does hereby inform OCTA of the following: A. The arterial highway portion of the City Circulation Element is in conformance with the County Master Plan of Arterial Highways. B. The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during Fiscal Years 2006-2007 and 2007-2008. C. The City has adopted a uniform setback ordinance providing for the preservation of rights-of-way consistent with the MPAH arterial highway classification. 55B-2 D. The City has adopted provisions for the limitation of access to arterial highways in order to protect the integrity of the system. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-~JCX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION i t~ c,.-~---.------ CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution orderi General Municipal Election November 4, 2008 for the requesting the Board of consolidate the General Presidential Election. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER gig, calling, and giving notice of a to be held in City of Santa Ana on election of certain officers; and, Supervisors of Orange County to Municipal Election with the 2008 2. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 2008 General Municipal Election. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a general municipal election. The subject resolution establishes November 4, 2008 as the date for the election of the Mayor and Members of Wards 1, 3, and 5 of the City Council. Additionally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's general election with the State's General Election and 2008 Presidential Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections of November 4, 2008 and authorizes the Board of Supervisors to canvass the election returns. 55C-1 General Municipal Election July 7, 2008 Page 2 Finally, candidates for Mayor and the City Council may choose to have a candidate's statement sent to each voter as part of the Voter Information Pamphlet. Candidate statements are produced at the candidates' option, not mandated, and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters has advised the City that the estimated cost to the individual candidates for the November 2008 Election is $2,513. The adoption of the recommended resolution will establish this charge for these services. FISCAL IMPACT The cost to consolidate the General Municipal Election with the 2008 Presidential Election is estimated to be $150,000. Funds for these administrative costs will be available in the 2008-09 Fiscal Year budget in the Clerk of the Council - Other Agency Services Account (Account No. 11-021-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Patricia E. Healy Clerk of the Council Francisco Gutierrez Executive Director Finance & Management Services Agency 55C-2 jxs /(06/25/08) RESOLUTION NO. 2008-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2008 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PHAMPLETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(c) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. B. Prior to the period in which candidate statements may be filed, the Clerk of the Council shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements and shall determine the pro rata share of each candidate filing a statement based upon such estimate. The payment in advance by each such candidate of his or her pro rated share shall be a condition of having his or her statement included in the voter's pamphlet. Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time the candidate's nomination papers are filed but no later than 5:OOpm August 8, 2008. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates 5503 Resolution No. 2008-043 Page 1 of 3 filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. That the Clerk of the Council shall provide each candidate or the candidate's representative a copy of this resolution at the time when nominating petitions are issued by the Clerk. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of .2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT Councilmembers Councilmembers Resolution No. 2008-043 55C-4 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-XXX t Council of the City of Santa Ana on Date: Council, do hereby attest to and certify that the o be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55C-5 Resolution No. 2008-043 Page 3 of 3 jxs /(06/25/08) RESOLUTION NO. 2008-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2008 FOR THE ELECTION OF CERTAIN OFFICERS, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 4, 2008, for the purpose of electing the Mayor and Council members from Wards 1, 3 and 5. B. There will be a statewide general election held on November 4, 2008. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 4, 2008 general election of the City of Santa Ana for the purpose of electing the Mayor and Council members from City Wards 1, 3, and 5 with the statewide general election to be held on the same date. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. 5506 Resolution No. 2008-044 Page 1 of 3 Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2008-xxX 55C-7 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-044 to Council of the City of Santa Ana on - Council, do hereby attest to and certify that the be the original resolution adopted by the City Date: Clerk of the Council City of Santa Ana 55C-8 Resolution No. 2008-044 Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AMENDMENT TO RESOLUTION NUMBER 2001- 065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY C.~ ~/'! CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to continue to provide additional partially-paid temporary military leave of absence and dependent benefits for City employees called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001-065, providing for additional partially-paid temporary military leave of absence for full-time officers or employees of the City called to active military service with the Armed Forces of the United States in connection with the then-current military crisis, and for continuation of dependent benefits. That Resolution also provided that its terms would expire at the end of the fiscal year unless extended by further action of the City Council. The City Council has subsequently adopted resolutions extending the termination date of Resolution No. 2001-065 each succeeding year. By adopting the subject resolution, the City Council will extend the termination date to June 30, 2009, and continue to help City employees and their families with financial hardships resulting from being called to active duty in connection with the continuing current military crisis. 55D-1 Amendment to Resolution Number 2001-065 July 7, 2008 Page 2 of 2 FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object Code 6171) . APPROVED AS TO FUNDS AND ACCOUNTS: Enriq J. 1 a Francisco Gutierrez Exec e it ctor Executive Director Personnel S vices Agency Finance and Management Services Agency 55D-2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY- PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001-065 providing for an additional partially-paid temporary military leave of absence for each full-time officer or employee of the City who has been or will be called to active military service with the Armed Forces of the United States in connection with the current continuing military crisis. This Resolution has been extended each succeeding year since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001-065, as amended, will terminate on June 30, 2008, unless extended by further action of the City Council or otherwise required by law. C. The City Council wishes to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with the current continuing military crisis. Section 2: That Section 5 of Resolution No. 2001-065, as amended, is further amended to read as follows: "Section 5. This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2009, unless extended by further action of the City Council or otherwise required by law." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 2001-065, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after July 1, 2008. 55D-3 ADOPTED this 7th day of July, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: CONTRACT AMENDMENT WITH THE PUBLIC EMPLOYEES'RETIREMENT SYSTEM FOR MISCELLANEOUS MEMBERS ~_ Ct2 ,Cu,..---- CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a Resolution of Intention to approve an amendment to the contract between the Public Employees' Retirement System and the City of Santa Ana to provide Section 21354.5, 2.7o @ 55 Full Formula, for all active local miscellaneous members, to be effective January 1, 2009. 2. Adopt an Ordinance authorizing an amendment to the contract between the City of Santa Ana and the Public Employees' Retirement System to be effective October 6, 2008. DISCUSSION In accordance with provisions of the Memorandum of Understanding between the City of Santa Ana and the City's bargaining units for Fiscal Year 2004- 2010, the City agreed to amend its contract with the Public Employees' Retirement System (Ca1PERS) to provide Government Code Section 21354.5, 2.70 @ 55 retirement formula, for all active local miscellaneous members, effective January 1, 2009. The costs to provide the new retirement benefit will be shared by both the employees and the City of Santa Ana. The miscellaneous members represented by SEIU, Firemen's Benevolent Association, Police Officers Association, Fire Management Association, Police Management Association, Santa Ana Management Association and the Unaffiliated Confidential have agreed to pay 6.30 of the cost of the new benefit. Unrepresented employees participating in the retirement system will also be required to pay 6.3o toward the cost of this benefit. The total cost of the new retirement benefit is 7.5900. 55E-1 CalPERS Contract Amendment July 7, 2008 Page Two FISCAL IMPACT On July 1, 2007, all miscellaneous employees began contributing 20 of their salary toward the future employer cost of the 2.7% @ 55 retirement benefit. On July 1, 2008, miscellaneous employees will contribute an additional 2% of their salary, or 4o towards the future employer cost. On July 1, 2009, miscellaneous employees will contribute an additional 2.30 of their salary for a total of 6.3o toward the increased employer cost. The most recent Ca1PERS actuarial valuation estimates that the combined market actuarial value (i.e., cash value) of the City's current assets on deposit for both Safety and Miscellaneous employees in the retirement program totals $975,250,879. Of this amount, $393,599,349 is on deposit for Miscellaneous employees in the retirement program, which fully funds the cost of all current benefits at 101.70. The cost for providing this benefit will be $48,980,129 and the change in the accrued liability will be $32,818,635. The cost for this benefit is the cost for all employees and their spouses currently enrolled in the CalPERS retirement program until the time they die. The accrued liability is that portion of the total cost that pertains to the employees' past service. These costs are amortized over a 20-year period. Based on the lifetime costs stated begin contributing $4,246,478 and the this benefit during the calendar year Enrique J lva Executiv irec Personne Services above, miscellaneous employees will City will contribute $869,760 toward 2009. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~.A1~~ ~ ~ ~f~~~, `{.ten Francisco Gutierrez Executive Director Finance & Management Services 55E-2 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SANTA ANA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.5 (2.7% @ 55 Full formula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) CON-302 (Rev. 4/96) 55E-3 1, Ca1PERS EXH I B ~T California Public.Employees' Retirement System AME:NF~ME1 'TAO ~ONTRA~T - - Between the Board of Administration • California Public Employee ~ Retirement System - - - and~the C l ty COZ1,I]:C ].1. City of Santa Ana ._ - - The Board • of. Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, . 1947, and witnessed November 25, 1946, and ~ as amended effective October 1, 1951, - February 1, :1954, September 1, 1956; July 1, 1959, November 1, 1960, September 1, 1963, Aprf_ 1', 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984, December 1, 1984, July 1, 1985, February 1, 1990,. July 1, 1990, December 5, 1991, April 15,.1993, Juno 16, 1994, aanuary 1, 1995, December 5, 1995, July 5, 2000, March 8, 2001, July 1, 2001, April 5, 2002, November 7, 2002 and July 1, 2007 which - -provides for participation of Public Agency in _said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 2007, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 55E-4 e' :.'R ~ ;'..t ~' :i .za3 i .r. 2. Public Agency shad! participate in the Public Employees' Retirement System from and after July 1, 1947 making its employees as heret-Wafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting. agency and are not provided for fierein and to alt amendments to said Law hereafter enacted except those, which by express provisions thereof, ap-ply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein refen'ed to as local miscellaneous members). 4. _ In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment. to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 55E-5 `. f r . ... » d .. ... k~ '1 t. ~vd 3 G s : N ,...-1 i 5 -. L+ 9 ~. - ~ F ~ ~ .. a 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). b. Section 20042 (One-Year Final Compensation). c. Section 20903 (Two Years Additional Service Credit). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit a Public Service). f. Section 20965 (Credit for Unused Sick Leave). g. Section 21574~(Fourth Level of 1959 Survivor Benefits). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability. with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 55E-6 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover. the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation. and valuations required'by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board .regulation. I# more or less than the correct amount of contributions is paid for any period, proper adjustmen# shall be made in connection with. subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee. and the Board. B. This amendment shall be effective ori, th'e day of , ,e ~~. BOARD OF ADMfNISTRATION PUBLIC EMPLOYEES' RETIREMEI~~ SYSTEM L ~,a BY ~. ~~ ~';,:., LORI MCGARTLAND, CH[EF~°~~-:," EMPLOYER SERVICES DIVISION ,.. ,,. PUBLIC EMPLOYEES' RET[REMENT SYSTEM AMENDMENT ER# 0137 PERS-CON-702A (Rev. 10\05) CITY COUNCIL ~- .~ " CITY OF SANTA ANA.`` ~, BY ~,a y PRESIDING °OF'fICER ,~.~~~. ~,. _ ~ ~'~ :Y• c ~ `~ Witriess Date Attest: Clerk 55E-7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System ("PERS") by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law. Such a contract currently exists between the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System. B. In accordance with provisions of the current Memorandums of Understanding between the City of Santa Ana and its miscellaneous employee PERS members represented by the Service Employees International Union, the Fireman's Benevolent Association, the Santa Ana Police Officers Association, the Fire Management Association, the Police Management Association, and the Santa Ana Management Association, as well as the employment resolution governing the Unaffiliated Confidential Unit, for fiscal years 2004-2010, the City agreed to amend its contract with the Public Employees Retirement System to provide Government Code Section 21354.5, 2.7% @ 55 Full Formula benefits for all active focal members effective January 1, 2009. A copy of said proposed amendment is attached hereto as Exhibit "A" and by this reference made a part hereof. C. The Service Retirement benefit calculated for service earned by this group of members (applying to active members only) is a monthly allowance equal to the product of the 2.7% @ 55 benefit factor, years of service, and final compensation. Section 2: That an amendment to the contract between the City of Santa Ana and the Board of Administration of the Public Employees' Retirement System is hereby authorized in accordance with the terms of Exhibit "A". Ordinance No. NS- 55E-8 Page 1 of 3 Section 3: That the Mayor and Clerk of the Council of the City of Santa Ana are authorized, empowered and directed to execute said amendment for an on behalf of the City of Santa Ana. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph A. Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY Ordinance No. NS- Page 2 of 3 55E-9 I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS- 55E-1 ~ Page 3 of 3 i, Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees Retirement System and the City Council City of Santa Ana The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1947, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984, December 1, 1984, July 1, 1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March 8, 2001, July 1, 2001, April 5, 2002, November 7, 2002 and July 1, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 2007, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 55E-11 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1947 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 55E-12 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). b. Section 20042 (One-Year Final Compensation). c. Section 20903 (Two Years Additional Service Credit). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit as Public Service). f. Section 20965 (Credit for Unused Sick Leave). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 55E-13 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA ANA BY BY LORI MCGARTLAND, CHIEF,: ` PRESIDING OFFICER EMPLOYER SERVICES DIVISr~ON PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 0137 PERS-CON-702A (Rev. 10\05} 55E-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2007-2008 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charges to the office of Auditor-Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board-ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owner is then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charges for work performed on seven parcels is $4,686.83 (Exhibit 1) The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2008. 75A-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 7, 2008 Page 2 FISCAL IMPACT The recovered charges will result in an estimated $4,686.83 in the Special Repair and Demolition Fund (fund no. 121-01-5579). APPROVED AS TO FUNDS AND ACCOUNTS: J Trevino L~.~ Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency,/ ER:rb rb\reports\FY07-OB Cost Recovery 75A-2 Jurisdiction 061 Santa Ana AC62L05A -Form B2 Type of Tax c-2 Special Assessment Add Transactions Date .,~~„ o~, Zoos PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 AP 398-313-10 560.00 AP 108-731-06 430.43 AP 398-101-03 1 260.00 AP 108-381-01 518.40 AP 013-062-02 448.00 AP 013-013-03 315.00 AP 008-232-17 1 155.00 TOTAL: $ 4,686.83 EXHIBIT 1 75A-3 DANGEROUS AND ABANDONED BUILDINGS AND STRUCTURES (D.A.B.S.) PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Ruben P. Cortez 911 E. Brown AP 398-313-10 1826 Greenwood $ 560.00 Santa Ana, CA 92705 Huong Duong 1013 S. Elliott AP 108-731-06 1013 S. Elliott $ 430.43 Santa Ana, CA 92704 David Arrone 930 N. Grand AP 398-101-03 31802 Via De Linda $1,260.00 San Juan Ca istrano, CA 92675 Wells Fargo Bank, NA 5014 W. Lehnhardt AP 108-381-01 P.O. Box 31557 $ 518.40 Billin s, MT 59107 Edward Elizalde 1010 W. McFadden AP 013-062-02 723 S. Hesperian $ 448.00 Santa Ana, CA 92707 Maria Lopez 1136 W. McFadden AP 013-013-03 1136 W. McFadden $ 315.00 Santa Ana, CA 92707 Jose Loranca 1237 W. Myrtle AP 008-232-17 1237 W. Myrtle $1,155.00 Santa Ana, CA 92703 TOTAL: $ 4,686.83 EXHIBIT 2 7 5A-4 RESOLUTION N0.2008-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 7th day of July, 2008, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Resolution No. 2008-xxx Page 1 of 6 75A-5 Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2008. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2008-2009 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this 7th day of Jam, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney Resolution No. 2008-xxx Page2of6 75A-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2008. Date: Clerk of the Council City of Santa Ana Resolution No. 2008-xxx Page3of6 75A-7 Jurisdiction 061 Santa Ana AC62 L05A -Form B2 Type of Tax c-2 Special Assessment Add Transactions Date July 07. Zoos PARCEL NUMBER ' 6-15 ASSESSMENT AMOUNT 16-23 AP 398-313-10 560.00 AP 108-731-06 430.43 AP 398-101-03 1,260.00 AP 108-381-01 518.40 AP 013-062-02 448.00 AP 013-013-03 315.00 AP 008-232-17 1,155.00 TOTAL: $ 4,686.83 EXHIBIT 1 Resolution No. 2008-xxx 75A-8 Page 4 of 6 DANGEROUS AND ABANDONED BUILDINGS AND STRUCTURES (D.A.B.S.) PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Ruben P. Cortez 911 E. Brown AP 398-313-10 1826 Greenwood $ 560.00 Santa Ana, CA 92705 Huong Duong 1013 S. Elliott AP 108-731-06 1013 S. Elliott $ 430.43 Santa Ana, CA 92704 David Arrone 930 N. Grand AP 398-101-03 31802 Via De Linda $1,260.00 San Juan Ca istrano, CA 92675 Wells Fargo Bank, NA 5014 W. Lehnhardt AP 108-381-01 P.O. Box 31557 $ 518.40 Billin s, MT 59107 Edward Elizalde 1010 W. McFadden AP 013-062-02 723 S. Hesperian $ 448.00 Santa Ana, CA 92707 Maria Lopez 1136 W. McFadden AP 013-013-03 1136 W. McFadden $ 315.00 Santa Ana, CA 92707 Jose Loranca 1237 W. Myrtle AP 008-232-17 1237 W. Myrtle $1,155.00 Santa Ana, CA 92703 TOTAL: $ 4,686.83 EXHIBIT 2 Resolution No. 2008-xxx 75A-9 Page 5 of 6 75A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2007-2008 ~ w CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the fiscal year 2007-2008 Weed Abatement Program Report and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor-Controller, County of Orange. DISCUSSION The Public Works Agency operates a year round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have ten days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within twelve months for the same violation, the City assesses a posting charge. The property owner is notified of such outstanding charges every 30 days until the charges are paid. Each year the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels throughout the City. This year there are $60,833 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). The most effective method of collection has been to submit these charges to the Office of the County Auditor-Controller. The fees are included in the property tax rolls and if in default, are payable when the property changes ownership. The County's deadline for inclusion is August 10, 2008. 75B-1 Resolution - Weed Abatement Public Nuisance Report Fiscal Year 2007-2008 July 7, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 68-01-5415). APPROVED ; a ''~ ~ ~ - Ja es G. Ross Francisco ecutive Director Executive ublic Works Agency Finance & ~S TO FUNDS AND ACCOUNTS: ~~ Gutierrez Director Mgmt. Services Agency 75B-2 tr:7io7ros RESOLUTION NO. 2008-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which shows the costs of the public nuisance; and the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of Public Works Agency has given notice as required by law, in which the 7th day of July, 2008, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2008. Resolution No. 2008-xxx Page 1 of 7 75B-3 Section 4. The County Auditor is requested to enter the assessments on the county tax rolls Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2008-2009 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2008. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date Clerk of the Council City of Santa Ana Resolution No. 2008-xxx Page 2 of 7 75B-4 CITY OF SANTA ANA FISCAL YEAR 2007-2008 WEED ABATEMENT PROGRAM REPORT EXHIBIT 1 Resolution No. 2008-xxx Page 3 of 7 75B-5 Jurisdiction: Santa Ana Type of Tax: B8 AC62LOSA -FORM B2 Special Assessment Add Transactions Date: August 10, 2008 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARGEI: NUMBER 6-15 ASSFSSMENT AMOUNT 16-23 001-094-11 35 010-051-03 745 001-114-11 35 010-141-09 465 001-243-04 35 010-222-05 865 001-275-13 550 010-283-21 495 001-282-01 525 010-292-09 475 001-282-11 465 010-292-12 35 001-284-07 520 011-095-09 475 002-037-54 445 011-154-11 35 002-102-32 35 011-251-17 35 002-231-33 2235 011-251-18 35 003-062-43 35 011-251-19 35 003-153-01 410 011-251-20 35 003-222-11 35 011-251-38 35 004-044-30 35 011-251-39 35 004-171-10 725 013-013-03 505 005-143-18 35 013-062-02 35 007-052-21 465 013-101-02 35 007-110-03 35 013-154-04 1020 007-163-07 35 013-154-10 445 007-182-08 1045 013-213-10 35 007-225-03 1200 014-021-22 35 007-262-16 35 014-243-19 35 007-271-12 725 015-068-04 35 007-292-21 465 015-071-14 510 007-332-05 555 015-083-07 1160 008-084-19 70 015-114-08 35 008-094-03 505 015-114-15 115 008-144-02 475 015-122-25 35 008-154-02 565 015-123-14 465 010-025-16 35 015-134-09 35 010-026-07 375 016-031-40 575 010-031-12 35 016-043-17 35 010-041-02 35 016-044-10 35 Resolution No. 2008-xxx 7CJg-6 Page 4 of 7 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A -FORM B2 Special Assessment Add Transactions Date: August 10, 2008 PARCEL NUMBER 6-15 ASSESSIYIENT AMOUNT 16-23 PARCEL NUMBER G-15 ASSESSMENT AMOUNT 16-23 016-221-27 35 398-293-22 655 016-221-28 35 398-313-10 1120 099-212-66 35 398-324-08 520 100-223-05 485 398-381-12 70 100-231-01 35 398-383-12 35 100-242-10 70 398-421-24 35 100-242-44 520 398-461-07 1157 108-073-08 35 398-471-07 105 108-081-13 505 398-481-12 35 108-353-05 1145 398-535-08 70 108-381-01 700 399-034-05 35 108-383-18 105 402-211-02 579 108-402-07 35 402-211-03 461 108-731-06 2764 404-072-07 35 109-263-09 720 404-094-18 35 109-271-06 545 405-012-02 35 109-361-11 35 405-065-01 500 109-374-02 35 405-091-30 495 109-733-05 35 405-163-05 495 109-751-09 605 405-182-25 35 109-781-02 485 405-233-23 105 144-283-15 70 405-252-22 710 188-081-13 565 405-274-12 35 188-082-12 35 405-284-22 500 198-241-11 1475 405-304-15 545 198-261-21 35 405-321-03 35 390-171-03 1055 405-321-08 35 396-052-14 35 405-321-09 35 396-401-03 990 405-321-13 35 398-051-21 450 407-051-07 35 398-101-03 105 408-074-05 945 398-122-01 105 408-102-24 35 398-126-09 765 408-222-18 495 398-132-05 35 408-224-09 495 398-141-11 35 408-232-03 495 398-161-10 35 408-241-19 35 Jurisdiction: Santa Ana Resolution No. 2008-xxx 7 CJ g -7 Page 5 of 7 Type of Tax: B8 AC62L05A -FORM B2 Special Assessment Add Transactions Date: August 10, 2008 PARCEL NUMBER ASSESSAiENT AMOUNT PARCEL NUMBER ASSESSMENT 6-15 16-23 6-15 AMOUNT 16-23 408-244-13 35 408-312-28 475 408-412-14 35 408-471-14 2101 410-024-06 35 410-072-14 445 412-262-08 495 Jurisdiction: Santa Ana Resolution No. 2008-xxx 7 c ~_Q Page 6 of 7 Type of Tax: B8 AC62L05A -FORM B2 Special Assessment Add Transactions Date: August 10, 2008 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUl~~1BER 6-15 ASSESSMENT AMOUNT 16-23 TAX RATE AREA 11-054 UTILITY UNION PACIFIC AMOUNT $9,541.00 DESCRIPTION WEED ABATEMENT SBE 843-30-13H POR-23 2518 SBE 843-30-135 POR 1 2910 SBE 843-30-135 POR 2 894 SBE 843-30-135-3 1039 SBE 843-30-135-4 746 SBE 843-30-140-POR 2 711 SBE 843-30-141-POR1 623 Resolution No. 2008-xxx 7 C 8 _9 Page 7 of 7 75B-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 7, 2008 TITLE: TEFRA ON ISSUANCE OF TAX EXEMPT BONDS FOR CHARTER PUBLIC SCHOOL FACILITY ANDS RESOLUTION EXECUTING JOINT POWERS AGREEMENT AND APPROVING THE ISSUANCE OF BONDS CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1) Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of the Orange County Educational Arts Academy, a public charter school, for the purpose of the acquisition, construction, and improvement of property located at 825 North Broadway, Santa Ana. 2) Adopt a resolution authorizing the execution of a joint powers agreement with the California Municipal Finance Authority (Authority) and approve the issuance of revenue bonds by the Authority in an amount not to exceed $11,500,000 for the purpose of acquisition, construction, and improvement of property located at 825 North Broadway, Santa Ana. DISCUSSION The Orange County Educational Arts Academy (OCEAA), a public charter school, is seeking to purchase the building they currently occupy at 825 North Broadway, Santa Ana. The public school facility is 43,400 sq.ft building with 24 classrooms, kitchen, and cafeteria. It provides instruction to approximately 500 students from kindergarten thru eighth grade. In order to purchase and gain favorable tax exempt financing, OCEAA has requested the assistance of the California Municipal Finance Authority (Authority). The Authority, which was established in 2004, was formed to assist local governments and non-profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. To date over 75 municipalities are members of the Authority. However, in order for the Authority to have the authorization to serve as the issuer of the bonds, the City of Santa Ana must become a member of 75C-1 the Authority, since the subject facility resides within the boundaries of the city, and approve the issuance of the bonds. In addition, a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) must be conducted by the local jurisdiction. The hearing provides an opportunity for the public to support or protest such action to be taken. The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. In addition, there are no costs to the City for membership to the Authority. FISCAL IMPACT There is no fiscal impact to the City. Francisco Gutierrez Executive Director Finance & Management Services Agency 75C-2 jwf 6/20/2008 RESOLUTION NO. 2008- RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF ORANGE COUNTY EDUCATIONAL ARTS ACADEMY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, effective as of January 1, 2004 (the "Agreement") in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and, B. The City of Santa Ana (the "City"), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and, C. There is now before this City Council (the "City Council") the form of the Agreement; and, D. The Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and, E. The Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and, 75C-3 75C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: PUBLIC HEARING - MORTGAGE REVENUE BOND TEFRA HEARING ON ISSUANCE OF TAX-EXEMPT BONDS FOR ROSSWOOD VILLA APARTMENTS /'~ l• CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Hold a TEFRA (Tax Equity and Fiscal Responsibility Act) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of Rosswood Villa Apartments located at 100 N. Ross Street in Santa Ana. 2. Adopt a resolution approving the issuance of multifamily housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of multifamily rental housing. DISCUSSION On August 1, 1977, the Community Redevelopment Agency of the City of Santa Ana granted the property located at 100 N. Ross Street (Exhibit 1) to the original owners, Santa Ana Intown Apartments, LP for the purpose of constructing a multifamily rental project of not less than 199 units. All of the units are one bedroom. Under the terms of the Agency's Declaration of Restrictions all units were to be rented to low and moderate income households at affordable rent. This restriction expires on August 1, 2012. In addition, there is an existing contract with the Department of Housing and Urban Development (HUD) which provides project based rental assistance. This contract is due to expire in November 2009. The developer is currently in negotiations with HUD to extend the contract. The property was acquired in July 2007 by two parties, NU-156 Apartments, LLC and H&K Estancia, LLC (the owners), each with fifty percent tenant in common interests. The owners have requested that the Housing Authority issue tax exempt mortgage revenue bonds to refinance their acquisition 75D-1 P. H. - Mortgage Revenue Bond TEFRA Hearing on Issuance of Tax-Exempt Bonds for Rosewood Villa Apartments July 7, 2008 Page 2 costs and to pay for needed rehabilitation. Should the bonds be issued, rent and occupancy restrictions consistent with federal tax exempt bond regulations will be imposed with not less than ten percent of the units restricted to fifty percent AMI and forty percent of the units restricted to sixty percent AMI, for a period of not less than fifty years. The remaining units will be governed by the Redevelopment Agency's Declaration of Restrictions until August 1, 2012. Prior to the bonds being sold, the City Council must hold a public hearing as required by the Tax Equity and Fiscal Responsibility Act (TEFRA). The public hearing is to solicit comments on the project and the issuance of the bonds. Holding the TEFRA hearing is also a precondition to applying for the bond allocation. On June 22, 2008, notification of the public hearing was published in the Orange County Register. Allocation of tax-exempt bonds is a competitive process. Applications are due on July 25, 2008, with final selection to be announced on September 24, 2008. The bonds are considered "conduit" obligations. This means that although the Housing Authority will issue the bonds, the owner is actually the borrower and has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash flow. There is no recourse to the Housing Authority, the City of Santa Ana, or the Community Redevelopment Agency. Because the existing rent and income restrictions will expire in less than six years, issuance of the bonds will assist the City and Agency to preserve this affordable housing option and will assist in meeting the affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. FISCAL IMPACT There are no fiscal or economic imposed upon the City of Santa An the adoption of the resolution. liabilities or obligations assumed or a as a result of the public hearing or Nancy T Edwards Acting ecutive Director Community Development Agency NTE/TG/mlr 070708 P.H. TEFRA Rosewood Villa Apts 75D-2 L j f ~ /y r Vl W .._._ ...a _ yy~~ y iii Z ~ ` ` r ~ rt Q THIRl3 STREET Subject Site 0 FIRST STREET ~s~ 10Q North RQSS Street ~xhibi~ 1 75D-3 6/20/08 les RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF MULTIFAMILY RENTAL HOUSING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 (commencing with Section 34200) of the Health and Safety Code of the State of California (the "Law"), to issue and sell revenue bonds for the purpose of financing the acquisition, construction, rehabilitation and development of multifamily rental housing for families and individuals of low and very low income. B. Northwood Associates, L.P., a California limited partnership, or such other limited partnership or a limited liability company to be formed by WNC and Associates, has requested the Authority to issue and sell revenue bonds in an expected principal amount of $23,000,000 (the "Bonds") pursuant to the procedures specified in the Law for the purpose of providing financing for the acquisition and rehabilitation of 200 units of multifamily rental housing commonly known as the Rosswood Villa Apartments located at 100 North Ross Street in the City of Santa Ana, California (the "Project"), located within the area of operation of the Authority. C. The Bonds will be considered to be "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing with respect to the issuance of the Bonds. D. The Authority has determined that the City Council of the City of Santa Ana is the "applicable elected representatives" to hold said public hearing. E. Notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative 75D-4 to the financing and operation of the Project and the Authority's issuance of the Bonds therefore. F. The Project is located wholly within the geographic jurisdiction of the City. G. The City Council of the City of Santa Ana, as the "applicable elected representative" of the Authority, approves of the issuance of the Bonds as in the public interests of the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Pursuant to the Code, the City Council hereby approves the issuance of the Bonds by the Authority to finance the Project. It is the purpose and intent of this City Council that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with the Code. Section 4. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. Section 5. This resolution shall take effect immediately. 75D-5 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Resolution No. 2008-~ the City of Santa Ana on Date: Clerk of Council, do hereby attest to and certify the attached to be the original resolution adopted by the City Council of Clerk of Council City of Santa Ana 75D-6