Loading...
HomeMy WebLinkAbout FULL PACKET_2009-04-20Qxs 04/01 /09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CONSERVATION OF THE PUBLIC WATER SUPPLY 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 State is in its third straight year of drought. California's snowpack are significantly low, precipitation currently is only about 70 percent of normal, and nearly all reservoirs are well below acceptable levels for storage. B. The amount of imported water from Northern California has been cut back to half of what is its been in recent years. This year, water supplies are projected to be in the range of 15% to 30% of normal allocations. C. Metropolitan Water District (MWD) is now proposing an allocation to its member agencies, which could result in a 10 to 20% cut back of our imported water. D. The city has been informed that MWD is preparing to implement their allocation about April or May of this year. E. In the event an agency does not cut its water demands back and exceeds its water allocation from MWD, there is a hefty cost associated with it, on the order of 3-4 times the normal cost of their existing tier 2 rate of $695 per acre foot of water. F. MWD also has proposed for all the member agencies to update or implement a Water Conservation Ordinance. G. 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 Ordinance No. NS-XXX Page 1 of 17 11 A-1 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 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 39-89 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. 39-89. ~#a~iflg- Reserved Rnasia~ Section 4. Section 39-96 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. 39-96. ~~ Reserved Section 5. Section 39-97 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. 39-97. Reserved Section 6. Section 39-98 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. 39-98. Reserved nr~mmerni•+I n~+r ~ iT rJi~~o r+romi vv of i rt „~.,~h rr r ..~.a... p......... t , Ordinance No. NS-XXX Page 2 of 17 11 A-2 Section 7. Section 39-105 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. 39-105. Determination of Csonservation n"prriv~ Level. The city council shall make findings of shortage and declare the applicable water conservation p#~a-se-Level by resolution. Section 8. Section 39-106 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. 39-106. Permanent Water Csonservation °h.-T~-Requirements. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water: (1) Washing down sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or alleviate safety or sanitary hazards and then only by use of a hand-held bucket, or hand-held hose equipped with a positive self-closing water shut-off device is prohibited. (2) ~AFater Watering of lawn, landscape or other turf areas except between the hours of 4A8 6:00 p.m. and X0:-99 9:00 a.m. is prohibited, except by use of a hand-water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. (3) The ~1use of water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a 9 re-circulating system is prohibited. (4) . ~yNo restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested. Ordinance No. NS-XXX 11 A-3 Page 3 of 17 (5) Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat, or trailer, is prohibited, except by use of a hand-held bucket or hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. (6) Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments muss prominently display notice of this option in each bathroom using clear and easily understood language. (7) Food preparation establishments such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. (8) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy- two (72) hours of notification by the City, unless other arrangements are made with the City. (9) No Installation of Single Pass Cooling System: Installation of single pass cooling systems is prohibited in buildings requesting new water service. (10)Commercial Car Wash System: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the City. (11)Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. (12) No Installation of Non-re-circulating in commercial car wash and laundry systems: Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. Section 9. Section 39-107of 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. 39-107. Water Csonservation °h,-,~-Level 1 Water Shortage Ordinance No. NS-XXX Page 4 of 17 11 A-4 8er+rrg~eteL-ssf~°^,°+,,,., Dh~cc n .,~ .,r~r~~n ~".,}l~ Upon the -vvrr~rra declaration by the Council of a Level 1 Water Shortage, Council will implement the mandatory Level 1 conservation measures identified in this section. In addition to the prohibited uses of water identified in section 39- 106, the following water conservation requirements apply during a declared Level 1 water shortage: (1) ~iel~+a~h~o.v+s;~~; sec+;,,., ~o ~ na, ~~ „+ +".,+ +"oRestrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) The watering of aAl lawn, landscape or other turf areas of commercial nurseries or golf courses shall be allowed except between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) , ~ia~-sa~le+~l•a'r~e~ F No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 1. There shall be no restriction on the use of reclaimed water under this provision. (4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy- two (72) hours of notification by the City, unless other arrangements are made with the City. Section 10. Section 39-108 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. 39-108. Water Csonservation p",-~~-Level 2 Water Shortage Upon the declaration by the Council of a Level 2 Water Shortage, Council will implement the mandatory Level 2 conservation measures identified in this Ordinance No. NS-XXX 11 A-5 Page 5 of 17 section. In addition to the prohibited uses of water identified in section 39- 106 and section 39-107, the following water conservation requirements apply during a declared Level 2 water shortage: (1) ~ , Wwatering lawn, landscape or other turf areas shall be modified to prohibit watering more often than two days per week and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) Water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and shall only water between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) Use water from fire hydrants except for fire fighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (4) , p~ie~sca'°^~'°r ~~°°~ No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 2 water shortage. There shall be no restriction on the use of reclaimed water under this provision. (5) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City, unless other arrangements are made with the City. (6) Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. Section 11. Section 39-109 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. 39-109. .Emergency Condition, Level 3 Water Shortage Ordinance No. NS-XXX Page 6 of 17 11 A-6 {a~-~~6+ n+h +ho rl~~rFmon} ~h~ll mnni~r~r nr) o~i~.l~~~+~o +he i-lcm~+nr! -crr~cr t+rnTrcn ~nurr-rr~vrrrcvr-a~rtv-cv ~~rrcr r Upon the declaration of a Level 3 water shortage, the Council will implement the mandatory Level 3 conservation measures identified in this section. In addition to the prohibited uses of water identified in section 39- 106, section 39-107 and section 39-108, the following water conservation requirements apply during a declared Level 3 water shortage: (1) Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited. The restriction does not apply to the following categories of use, unless the Council has determined that recycled water is available and may be applied to use: a. Maintenance of vegetation, including trees and shrubs, that are watered using ahand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or devise; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion; d. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule and time restrictions established in section 39-108. (2) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty- four (24) hours of notification by the City, unless other arrangements are made with the City Ordinance No. NS-XXX 11 A-7 Page 7 of 17 (3) No new potable water service will be provided, no new temporary meters or permanent meters will be provided and no statement of immediate ability to serve or provide water service (such as, will- serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: a. A valid, unexpired building permit has been issued for the project, or b. The project is necessary to protect the public health, safety, or welfare; or c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. (4) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by City Council and set forth in the resolution declaring Level 3. There shall be no restriction on the use of reclaimed water under this provision. Section 12. Section 39-110 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. 39-110. ~~^~~ ~ci„i+" ^f non^~+io~. Implementation of water conservation phases. n~IFioc~ e~~ f~rFh ~n ~~n4ir~n r2D '1 'I1 p..,.~, ... ., (a) Each month the department shall monitor and evaluate the demand for water by customers and the projected available supply. Upon determination of potential or actual water shortage, the director of public works shall recommend to the city council the extent of the conservation phase required by customers in order for the department to prudently supply water to customers. Ordinance No. NS-XXX Page 8 of 17 11 A-8 (b) The city council shall make findings of shortage and declare the conservation phase by resolution. Said resolution shall specify the start date of the conservation phase. The resolution shall be published once in a daily newspaper of general circulation within the city and shall become effective immediately upon such publication. (c) The provisions of sections 39-107(3) and 39-108(4) and 39- 109(4) requiring curtailment in the use of water shall be effective the first full billing period commencing on or after the date of such publication. Section 13. Section 39-111 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. 39-111. .Exclusivity of penalties. olf /'I 'I /7\ i - - ~~e a17o S nn~ nmm~nrn+ivoly eiw A roc+rin+nre. fnr ~r rrzTr '^ aTr ~~..S~Fb+~ ~."., e-5+ e~~6 ...~.... c*vrrrpurcrrrvc~r-vr~ ~ of +ho n1 Ic.+ m ~++ + cm~crrvrvrTVr ho nr mic t 1CF~ ~ ~ ~ Gr ~~ ~QG The rlonn r+mon+ ohnll nhnrno +hc nI I~+n mor +ho `"'~~ ~.~.`"'``"^~.`"' vv'/N II~I.v114 vIIM11 VIIMIyV i nnrm~l e.eniino non h o roc.+n r 1 era Notwithstanding any other provision of the Santa Ana Municipal Code, the penalties set forth in section 39-112 for violations relating to the curtailment in the use of water shall be exclusive and not cumulative with any other section of this Code. Ordinance No. NS-XXX 11 A-9 Page 9 of 17 Section 14. Section 39-112 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. 39-112. .Enforcement and Penalties for Violation of Water Allocation Requirements. r° I ho rolio~ior~ in Ielhnlo nr in r..~r} frnm }ho u1 for I IL.~ .+ r} '1 ~ wv Iv.IV.VV, III ..IIV IV-v , I r rf~N111+ in I Inorr~r~lnlimon}• vvM1~ III MIIVIITDTVY~'~"iGTTC: /')\ 1A/ho}hef-a'~d~CttQi-YIYe~crc~ h Rio hone rlrlorl }n }ho tJ r-r- ~r+e~-~aaer~da~e~F ~~~~ ' I I onfo}~i h.+~.+rrl I I Ordinance No. NS-XXX Page 10 of 17 11A-10 nron}o,.J ~ ~nloe.c~ }h e ni ~ }~rv~or hr.~~ic~ }h.+f he h.+c .+nhiovorl fhe ... .... ~.vvv u w vaavav. ~ w~ v~ wrr ~nonifin ~ro~c+ in ~ ~ihinh roliof i~ heinn ~~~~rvh} AID , roliof ~h II he .. r.......... ...~.....v .~. . .~nv~~ ~v~w~ w-w r , Violation by any customer of sections 39-107(3) and 39-108(4) and 39-109(4) requiring curtailment in the use of water shall be penalized as follows: (1) First violation. The director of public works or his designee shall issue a written notice of the fact of a first violation to the customer. (2) Second violation. For a second violation the director of public works or his designee shall impose a surcharge in an amount equal to fifteen (15) per cent of the customer's water bill. (3) Third and subsequent violations. For a third and each subsequent violation, the director of public works or his designee shall install a flow-restricting device of one (1) gallon per minute capacity for services up to one and one-half (1 1/2) inches size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The department shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting devices and for restoration of normal service. The charge for installing and removing aflow- restricting device and any other penalties or charges due the city from the customer or due from any person who has applied for water service, shall be paid before normal service can be restored. Section 15. Section 39-113 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): Ordinance No. NS-XXX Page 11 of 17 11A-11 Sec. 39-113. ~~°^~^*~^^. Relief from compliance. (a) A customer may file an application for relief from any provision of this Article. The director of public works shall develop such procedures as necessary to determine such application and shall, upon the filing by the customer of an application for relief, take such steps as reasonably necessary to determine the application for relief. (b) The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment provisions of sections 39-96 through 39-109 and shall contain the basis for such request. (c) In determining whether to grant relief and the nature of any relief, the director of public works shall take into consideration all relevant factors including, but not limited to: (1) Whether any additional reduction in water consumption will result in unemployment; (2) Whether additional members have been added to the household; (3) Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year; (4) Changes in vacancy factors in multifamily housing; (5) Increased number of employees in commercial, industrial and governmental offices; (6) Increased production requiring increased process water; (7) Water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (9) First filling of apermit-constructed swimming pool; and Ordinance No. NS-XXX Page 12 of 17 11A-12 (10) Water use necessary for reasons related to family illness or health. (d) In order to be considered, an application for relief from a resolution must be filed with the department within fifteen (15) days from the date of receipt of the most recent water bill following adoption of such resolution. No relief shall be granted unless the customer shows that he has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any customer who, when requested by the department, fails to provide any information necessary for resolution of the customer's application for relief. (e) The decision of the director of public works shall be final. Section 16. Section 39-114 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. 39-114. .Exemption. Ordinance No. NS-XXX Page 13 of 17 11A-13 Single-family residential customers shall not be required to reduce consumption below eighteen (18) billing units per bi-monthly billing period during Water Shortage Levels 1 and 2. Multi-family residential customers shall not be required to reduce consumption below eighteen (18) billing units per bi-monthly billing period for each dwelling unit during Water Shortage Levels 1 and 2. For Water Shortage Level 3, the bi-monthly exemption amount for single family and multi-family customers shall be determined by the City Council and set forth in the resolution declaring a Level 3. Section 17. Section 39-115 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. 39-115. .Notice of Violation of Provisions other than Water Allocation Requirements. -~t(1r1lPr~~ nromie.ce ~ ~n}il }ho rlor~.~r} mon} rnn~ore ~+ i-loni~inn In\~ r. .......vv a.~ pan a~ w awv Nura ~er~.r}crhr°} }ho ~~~rnh.+rno a ~i.. ~~irnr~nlai ~e ccrl }hn ni}ai r i'Ft~Q~ For violations of this Article not related to sections 39-107(3) and 39- 108(4) and 39-109(4) requiring curtailment in the use of water, the director of public works or his designee shall give notice of violation to the customer committing the violation as follows: (1) Notice of violation shall be given in writing in the following manner: Ordinance No. NS-XXX Page 14 of 17 11A-14 a. By giving the notice to the customer personally; or b. If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or c. If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed. (2) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the merits of the violation pursuant to section 39-116. Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 39-116. Hearing regarding violation. (a) Any customer receiving notice of a second or subsequent violation shall have a right to an informal hearing by the director of public works or his designee, provided that a written request for hearing is filed within fifteen (15) days from the date of the notice of violation and the customer deposits with the city a sum equal to the billed surcharge and pays all other outstanding water charges. (b) The customer's timely written request for a hearing shall automatically stay installation of aflow-restricting device on the customer's premises until the department renders a decision. (c) If it is determined that the surcharge was wrongly assessed, the city will refund any money deposited to the customer. (d) The decision of the director of public works or his designee shall be final. Ordinance No. NS-XXX 11 A-15 Page 15 of 17 Section 19. 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 , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX Page 16 of 17 11A-16 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-XXX Page 17 of 17 11A-17 11A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 20, 2009 TITLE: BOARDS AND COMMISSIONS ATTENDANCE REPORT - OCTOBER, 2008 THROUGH MARCH, 2009 '~~ J~~~ CI Y 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 Receive and File Boards and Commissions Biannual Attendance Report for the period October, 2008 - March, 2009. 1'1 T Cf'TTC C T[1TT The Boards and Commissions Attendance Report is prepared biannually to keep the Council informed relative to member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within a six-month reporting period. Additionally, City Charter Section 901, which was amended by the voters in November, 2006, provides that two consecutive unexcused absences would result in the vacation of a board or commission position. Examination of the attendance report for the period October, 2008 - March, 2009 revealed that one member of the Youth Commission exceeded the number of allowable unexcused absences; this member's term on the Commission has expired. At this time, the only action required by the Council is to receive and file this report. FISCAL IMPACT There is no fiscal impact associated with this action. /~ / ~ 1 Patricia E. Healy, Clerk of th C uncil 13A-1 U Z U } U~ 0 Z~N ~_ QQ ~ ZW~ Q~~ u.W°o ozi Q F-~.Q ZO V~ ~ ~~ Q J Z Z Q m Eft io E~1 N C~ +mC ~_ U Z 2 Z Q H Z W a 0 w W D w H Z O V W Q Z Z O N O U D Q O m N d 0 ~ X Z X Z X X X V ~~ LQJ c ~ *' -~?~ M X Z X !C X W Z ,~ ~':; ...w r 4 ~ Q ~ ~ ~ Q O Z ~ Z u.~ M X Z X X X w Z r w Y o~ Q Q Q p N Q ~ i Z i i i i Z ~ z .~ ~' Q y ~ Y ~ Q i i i i i Z ~ , 0 Z ~w Owp 0 ~ X Z X X X X Z W c U '«~ p~ N X X X X >C X Z mo ~a g Z ~ O w c > :«. z~ ~ x w x x x x z N a~ Q m 0 N X X X X X X Z O ~ -- _ . _ U +' d O Q ~ ti X X X X X X Z t a~ W c fC c ~ O r c = .N Q z ~ ~ ~ o C7 ~ p ~ c ~ ~ w J ~ ~ ~' ~ Q' lA m H= v ~ Q z O w ~ O ~z w w _ m ~ o ~ ~ ~ w ~ ~ u i ~ J ~ j ; d c d ql a a~ N 7 v K m u a m x w w -a a~ c Q u X w Y w U Z Q O Z W H Q N 0 on a 13A-2 a~ c 0 U 0 m ++ _ ~ U ~ ~~ a .__ ~ ~, d y d ~ ~ QO ~ c m :r w~ ~ ~ °' } ~ ~ Q~ ~ ~ Z C Q m -~ m N ~ ~ w~ mo ~ rn w c U +~ W ~ D ~ N ~' ~ W ~ m Q ~ ~ W C ~ :_~ ~ d Z ~ N ~ ~ W ~ m ~ ~ ~ ~ C U O ~ w a z w m w d v C d to Q m x as c II d V C d to Q d y 7 v X W W d '~ C d Q X w Y W v y z ~ z o w Z ~ W ~ Q U ~i 0 0 N t v Ul R 3 a~ c :. d a~ H w N 2 N W O N GJ a 13A-3 J_ U Z U ,~ ~o. Z~N N~t Q Y. L Zak N~oo LLwa ~ZN L t" Q ~ ZO VW ~ H~ Q J Q Z Q m w Q Z Z O y y O V 0 a 0 m m E V C c C ~ m ~ =i J } w ao a mo ~ c =~ W ~ v ® v Wg ~ ~~ m O ~ ~ z v 3 d ~ W ~m v ~ g -i ~~ m p W ~ °g ~ X X X ~ X X X X X ~~ mp ~ p W = Om z~ N X X w X ~ X X w X X X a ~~ W C m W ~ V Om ~ ~ r X X X X X X X X X W W J W W Z Q N w ~ y W GC Q O D W ~ V Z O Q W W Q Z ~ ~ ~ ~ W ~ C9 ~ V W V 3 W Z ~ W = a m ~ F- W ~ W a Z f j ~ J Q Q ~ D W m Q ~a ~ Q O Q y W v ~ ~ ~ a ~ - a a y J ~ °~ a M tw 0 13A-4 d a d x m n m c m Q >< W II W f~ '~ C Q u x Y W ~ V a Z ~ :_ z L w ~ Q LL w d ~+ V ~ Q m m fq d ~ t0 Q 0 ~ C W m W m ~ pp ~ R ~ ~ a ~ z= .~ ~m ~m me w c v~ ~ ~~ w w X X ~ m ... mG W C Om Z '~ N K W X X W ~ m ~ O ~ vw O~ ~ ~O w w w w W N a N ~ Q z ~++ ~ ~ U ~ Q Q ~ W Z ,~ W ~ J ~ ~ ~ 2 O ~ ~ Q Q cn i m m .~ a m m u m c m Q 'a t~A K W II W 'C d C a n K } W Y W V Vj Q ~ Z W w ~ a ~ N W O N 0~9 cC 13A-5 V Z V V~ ON ~H r 16 L a~ z Q Q Z N W~ OC ~ W Z Q 0 W H Q J Q Z Q ~_ V m 0 N L v lli ~2 a z z O N U D Q O m d a~i ~ _ ~ Q = ~ eu ~ ~ V U V V V V V V H ~ ~ Q ~ ~ C m i+ ~-~ ~ x x X ~ x x x X H ~ ~ ~ ~ Q ~ ~ ~ z ~ w ~ ao !C !C ~C ~C !C 7C !C X ~d me W ~ W d o °' ~ w x x x x x x x W ''' ~~ W ~ Od z~ ey X W x ~ X X X X N ~~ W ~ m f7f V O~ ~ en X X ~C !C ~C X !C W ~ a W g a elf .~ O 'o ey0 E d ~ C z ~ 'v~ eta r o 0 0 to ' f7f y ~ ~ g m ~ a ii ~ '~ G ~ ~ ~ c ~ ~ U 13A-6 N O ~--i cO a d c m rn .c Q N 7 V x m II ev v C N a d N 7 V K W W ev '~ s= Q u X W Y ~ a D C W a LL N d w _ ~ ~ eT Q ~ N Q ~ ~ C mw W~ W ~ N ~ r+ ~ 0 a ~ z~ ~ ~ N ~ r m ~ W c V :~ W G~ ~ w ~ ~ W C d Z ~ rn w~ ~' e 0 W ~ m Of ~ U m O~ w a Z i ~ ' W c m W d w c e~ U aT c d m 11 as w c d N Q N K C d v C d tll Q a N 7 V >K W W '~ d C ev Q n x W Y W V Vj H Z W W ~ O a ~ 13A-7 N w 0 N a 0 ~, M D V Z 0 U } H^ U~ 0 Z~N ~V~ ~ Q ~ L ~a~ Q~~ LLWO QZN }Q d VW 0 H~ a Q Z _Q m O ~_ O U W O U x ui a z z 0 O 0 a 0 m N d _ ~ V~ C ~ N y N fA N N N N ~ d m N r.. ~ c ~ V V V V V V V V m w W W ~ N ~ r ~ ~ Q ~ ~~ z c ~o w x x w x w x x ~ ~ ~ ~ , m ~ W C ~ X X X X W X X X W d D m W ''~ mp W e ~ X x X X X W W X O ~ Z~ w W ~ O ~ ~ c~ X X W X )C X X X .~ o ~ °' ~d ~ ~ ~ ~= = ~ m ~ m ~ m ~ Z w E to ~ ~v ~ O '° -~ = L O Q: W ~ V V V ~ d '' ^^ V N V ~ N L w N ~ a V m ~ ~ a ~~ ~ `~ c° a ~ m a .a d .p C C. N N c d a a m W 7 V K c C N v d a x W W d 'O c a ~~ x W Y W V Vj Q ~ z w w ~ a v r a~ <o 0 c rn w O .-~ a 13A-8 J_ U Z 7 Q U } ~_ U o~ 0 ZON F- s ao~ ZW~ Q~~ ~Wo~ QZN L ~ 0 .Q UZO W~ H ~0 Q J Q Z Z Q m Z O N ~_ U Z O J W Z w a z z 0 O U_ O Q' Q O m N ~~ ~~ ~w ~~' z ~ N ~. ~ rn X X X W X X W X X ~0 Q p) 0' r m~ ~ X W X X X X W X X LL~ N °' N X w X w X X w X x } d ~ R Q ~ ~~ N X X X X X X X X W a ~ m ~ ~ X X w X X X X X X m C y W Z ~~.°3 0~ ~ w~ z~ ~ 0 ~~ m p W = d O d z ~ ~ w X x X X x w x w N wo m o~ U w' O d ~ ~ X X X X X w x X X W C ~a = m •L ~ m U !Q U ~ y m RS O L C Z > ~ O o to ~ ~ ~ R ~ U ~ ~ Q Z D p c R O c H W pp ~ ca O ~ o N m C R d ~ L z C ca E W 3 E N C C O ~ ~` ~ Q Q U O ~ _ ~ ~ C7 = d V C d N as N x c 'u ~~ d w x i~ w Y W U Z Q O Z W I- F- a 13A-9 as ~d ~ r °~ Q a i ~ ~ ~ Q = N ~ ~ d l 6 m~0 W LL N ~ ~ a' ~ Q ~ ~ ~ Z = Q d ~ m W ~ m C N W d ~ ~ ~ W ~~ m p ~ ~ ~ r ~ ~ Z d N ~ R W ~ m O ~ t- ~ U 0 d C C W Q Z W m w a~ c .~ O U E `o d v C d N Q d v ~ x c c o ~ N II ~ d ~ V ~ ~ L d N Q LL ~ ~ G) _ V1 ~ 7 V ~ x N w u ~ W N ~ ~ ~ r d ~ ~ ~ Q C II ~ X ~ 'a d t d L ~: 3 w rn Y of W ~ U uj Z ~ ~ Q 0 W Z ~ ~ ~ .~ Q O Q N 13A-10 N iu c rn ca f6 Q N _J U Z U ~ ,~ U~ 0 Q~N Z ~N/ Q N. L ~a~ ZW i Q~~ ~W°o ~ZN L H00 VW ~ ~~ Q J 7 Z /yQ W 0 0 m L J W Q Z Z ~_ N O U O Q m Vl d '~ / ;f'i v €~ ~ „r ~ ~ ~ ~ ~ A = to w a .i~.. ' ~, ~~; ~'~ ~', U D . y o•~ " j - f .- A '~- L = Y ~ ~ ~ ~ j. . .h C ~r C V V ~ - I_ .~ ~ - ~ •Q1 Q~ ~ a ti, . r _ ,,:~ ~;~': , ~. N d ~ ~ Q ~ ~~ ~ X X X X X X OO r W d w d N ~ r ~ ~ a° z= ~ W x x x x x ~ ~a ~ ~ ~ a N ~ +~+ ~ N 7 m ~ ~ W C m ~ x X X X X X w m u ~~ ~ a t n k ~ zp V N W r ~ ~ U .~ ~ ~~ C Q m `~ ~ ~ ~ N ~i p•~ N ~ ~. ~3ey y. ~ (1 ~ ~ m t. ~ ~ ,~ .~~~ x.. ~~, Q o ~ ~ ,., ,~. - d ~ Z y U ~ ~ x w u w y m~ ~ 0~ = N X X X X X X r Ua Q ~ ~ II C c x W ~ •L ~ Z ~ ~ ~ R Y ~ ~ ~ ~ W ~ y ~ ~ Z ~ ~ Y W ~ ~ ~ a ~, w m ca '~ a~ ~ _ ~ ~ ~ o z Q Z ' ° ~ a ~ ~ z W H F- a vi F- Z W 0 U ..~~ C ~_ N 13A-11 V Z 0 U H^ U~ 0 Z~N n~~/ ~ Q LL L Zak N~oo LL W O ~ZN Q HOQ ZO VW ~ ~0 Q Q Z Z g m Q 0 o~ a w z z 0 a w a w a z z 0 O V D a O m a+ _ ~ V ~ ~ ~ Q C ~ y d N ~ ~ ao ~~ m~ w~ w ~ ~ ' ~ Qo ~~ Z~ ~. ~d ~ ~ X x x X x x w m p W C W °' o ~ o X x x X x X W ~ N X !C X X X )C W ~ w ''' mp w~ ~ x x x X x x w >w o~ d Z ~ ~° x x x x x X w ~d ~ X x X x x X x mo w e ~ x x x X x X x o ~ d Z ~ ~ X X x x X X X W G ~ y ~ ~ o ~ ~' m a ~ ~ ~ ~ 4 ~ c , E .~ N m H J ~ LY nt ~i V ~ V ~ d W V W ~ J 7 d+r N w O c~ CL. d d a m N v K d C ~~ c m H a ~a a~ x W W d c a ~~ X W Y w v Z Q O Z W Q 13A-12 _ ~ U~ ~ m a=_ ~~ 1,! N ~~// LL {d Q ~ /~/ W ~ w M~M W c C N ~ } + + ~ ~ Q ~ ~ ~ Z C 7 d ~ w W ~ ~ ~ W C U '~ W ~ O ~ Q.' 4 W ~ m Q g ~ 0 d z ~ N a~ w~ m~ o ~ ~ _ v~ ~ Q a i w a z w m w d V C d H Q '~ d N 7 K d c d v C d Q m N 7 v K W W m .a c a u X w Y W v z ~ °z w w ~ ~ O a ~ 13A-13 N 4-+ 0 N a J_ U Z O U } H ,,~ U~ 0 Z~N n~~/ Q 1L L ~a~ Q~~ LLWO OZN }Q ~ H0~ Z 0 VW ~ H~ Q Q Z Z Q m O O U C7 z~ Z a a ui Q Z Z O N 0 U O Q O m ~ N X X X X !C X X 2 ~ U° ~ m Q ~ d ~ o~ x x x x x x x }~ N x x x x x x x ~~ a° ~~ m ~. W d ~ ~ o, U U U U U U U ~ N X X X X X X X } Q: R Q ° ~m z~ ~ d ~ ~ x x x x x x x ~~ N U U U U U U m ° W C Wd °~ ~o x x x w w x ~ N X X W x X X ~ mp W c ' o~ d Z ~ ° w x x x x w d N U U U U U U U ~ ~ W ° O ~ V ~ O~ ~ eh X X X W X X W W ~ ~ ~ O ~ ~ Q w~ ' v H C J - d N ~C ~ C !a J ~' ~ .-. ~ C ~ l0 ~ ~U m m O (~ t ~ 2 F` R i W m a d V v R ~ tq d O V H ... C R O 'C >- Y W ~ ~ W ,~ Z Z N ~ ~ ~ ~ U a _ c m H a -~ m H 7 V K d C ~~ m c m H Q '~ d H x W W .o m c m Q u X W Y W U uj Z ~ Z W w~ Q U i ca ~o 0 c (0 2 w 0 a~ a 13A-14 J_ U Z 0 U U~ 0 Z~N ~N/ ~ Q Y. L Zak N ~ ~ OZN }Q ~ F- 0 C V LrW ~ r O Q J Q Z Z _Q m N Y L a C ev O L V Nd 0 .a ea m w Q z z O _N O U 0 Q m w m x~ V~ a C N X ~ X X X W X X y d N d ~ ~ Q ~ ~ c N X W X X W ~ X X m ~:. W ~ ~ ~ ~ ~ oc o ~ °' Z C 00 N x w X W x X x x ~+ ~ d ~~ m p W C ~ X W X X X X X X W d D ~ ~~ mp W e ~ X X X X X X X X o z ~' to w o m ~ ~ N N W X X X X W X X V Od ~ eca Z` t ~ d ~ 'a d -v ~ z LL d d ld ~ ~ ~ ~ ~ Y ~ D Y ~ W O v _~ W J Q ~ >- ~ ~ ~ ~ N N ~ a z O F- 13A-15 d V C N a a m to 7 V x m C II d m Q a d K W W m c ev Q u K W Y w v z ~ z w W ~ H ~ Q U U c~ (d N 2 ~ ~ 0 a~ c~ a J_ U Z Q U ~^ U o~ 0 ZON Q ~ V ~a~ y~ao ~WOo ~ZN L ~_ ~ ~ VW~ F~ ~~ Q ..~ Q Z Z Q m .~ .~ O U O ui a z Z O U D Q O m d ~+ _ ~ a= ° X X X X X X X X W X ~ ~ m d s a ~_ ~ X X X X X X W W W X m~ w~ LL ~ N ~ + } + ~ ~ D z~ ~ X X X X X X W X X W ~~ ~ m mG w e ~ ~ X X X X X X X ~ X d W od ~w mp W~ ~ ~ X X X X X X X W X :w+ o~ z~ i N W ~ m ~ c ~ ~ X X X W X X X X W U m O m s ~ ~ t O ~ N ~ a ~ ~ N ~ C ~ ~ ~ N ~ t ~ ~ ~ > ~ C ~_ G1 ~ _ W ~ O C ~ ~ -7 W ~ ~ 0 ~ ~ = i ~ ~ ~ _ M m N , ~ ~ W g ~ _ • ~ N ~ ~ ~ O ~ ~ G1 0. ~ N ~ ~ J d W d d a m N V X d c ~~ a~ tl! Q d x w w d '~ C d a K w Y W U Z Q D Z W H a N O m 13A-16 .~ U s U C E } O t ,~ +r m ~ v O O N c .~ N w O N N ~ © ~ ++ ~ a ca ~ ~;:~ m L ++ f- Z W ~O U T s ea N d H 0 cd G .~ O r N Ri .a t C _O ~N N .~ O U N .~ c ca ea m ea L ++ Q M C V eR i t4 3 N C 0 .y N .~ O U m 2 d E t0 a m 13A-17 13A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 20, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS 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 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 CITY Ur4 : '~ ,,M,s~:~ ANA CLEf~Ii Cr ~~jJ~~IL MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department, M24 Date: March 31, 2009 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. n~~ 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Mar FORMS forms** 2004 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Mar Spending, program** 2004 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated Mar 2004 and rior Long-Term Employee Long-Term Disability Insurance EE Separated Mar Disability enrollment forms** 2004 and prior Insurance Medical Employee medical insurance enrollment EE Separated Mar Insurance forms** 2004 and prior EQUAL Employment and Personnel and employment records, EE Separated Mar EMPLOYMENT personnel including application forms*, records 2004 and prior OPPORTUNITY records pertaining to promotions**, layoffs**, COMMISSION terminations**, salaries** and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated Mar termination 2004 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Mar PERSONNEL Reassignment reassignment forms which document and 2004 and prior FILES Forms authorize hiring, reassignment, or other employee actions.** Certificates of Certificates issued to EE which show EE Separated Mar Training completion date of training class(es).* 2004 and prior Commendation Letters of commendation and/or other EE Separated Mar Letters congratulatory documents received by and/or 2004 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Mar Actions proposed and/or implemented disciplinary 2004 and prior action(s).** Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Mar Medical regarding employee's medical condition.** 2004 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Mar Test authorization and acknowledgement form(s) 2004 and prior and results of drug screening.** 19C-3 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES _ DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Mar PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2004 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 Mar any) for hired employees.* 2004 and prior Medical Leave of Leave of Absence forms used in the EE Separated Mar Absences"` documentation of medical leave (including 2004 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Mar Documents kept in official personnel file.*** 2004 and prior Notice of Form completed by employee and/or EE Separated Mar Separation department indicating effective date of 2004 and prior separation, last day on the job, reason for separation, etc.** Oath of Office Form completed and signed by employee EE Separated Mar affirming allegiance to the Constitution of the 2004 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated Mar Employment employee to be engaged in outside 2004 and prior employment.* Performance Employee performance evaluation forms EE Separated Mar Evaluations completed by supervisory personnel re 2004 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Mar Enrollment Employees' Retirement System (PERS)'`* 2004 and prior Pre-Employment Forms completed by employee and medical EE Separated Mar Medical clinic to assess physical capability of 2004 and prior employee prior to hiring."" Security Check Form completed by Personnel Svcs to EE Separated Mar Form request Police Dept to conduct security 2004 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Mar DMV, accredited schools, etc., verifying 2004 and prior employee meets certain job-related requirements.'' Tuition Copies of applications for training and EE Separated Mar Reimbursement educational assistance which show EE 2004 and prior Request request, department head approval, and final disposition of request.* 19C-4 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Mar PERSONNEL Donation Form hours be donated to the Union Business 2004 and prior FILES Leave Bank to be used by union leaders for Union Business.'' W-4 form Employee's Withholding Allowance EE Separated Mar Certificate completed by EE authorizing 2004 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.'`* Please see attached spreadsheet, dated March 31, 2009, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: n ~ / ,~~ Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes rvices Department APPROVED BY: ~~~~~~ ~ ~!~~ : ~, ~~ 1 i 1 c `I `Joseph Fletcher -' Date City Attorney 19C-5 un J 7 v ~n c O .y u O a`~ N v 0 N N Y v O N 0 L c-I V m ~ t ~ u L L c~ G 4Y- p Q Y Cv °~~° C d U a1 Y_ m Q H a ~ ~ ~ a s ~ ~ v v v v ~ ~ ~ ~ v v v v tw on on co c c c c o o o ~ o _ _ o z ~ a, o z o z v E ~ v o z VI ~ N N ~ ~ N > ~ > > Y ~ > C C ~ '~ , C C C C C c N C C C C C C c c C C N ~ p . N O O 'O . 41 O O O O _ O O -p O O O O O O O O O O Y Y Y N ~ Y Y Y Y (~ _ Y Y N Y Y Y _ Y Y Y Y Y Y Y QJ >~ 'O ~ QJ ~ ~ ~ +..~ ~ « `~ ~ ~ ~_ ~~ (O (C f0 vi of (O w, 4_ w f0 ~"~ (C f0 f9 (B f0 ~9 '~ f0 (6 l0 fa `~ Y ~ ?~' - 4-- ' ~ ~ Y ~ C c - C C c c = w C ~ C C C C C C C C C C } C " ~ }, on ~w co O '~ tin O tin ao on ~ on O O cw ro on ao on on on an O on on tin do O ~ ~ O on • ~ co N N Q T N T v~ v~ N N N T T vi Q N N N N N N T ~n ~n vi in T Q N T N ` Q ' ' ' J ' J ' ' ' J J ' ' ' ' ' ' J ' ' ' J J ' d V d 2 (n In ~ d d W O ~ ~ (/1 W 0 W W ~ ~ ~ d 4 d (n O 0. V) V1 V V ~' ~ ~ ~ V' ~ ~' ~' ~ ~ ~ ~' Cf Ct ~ 'C~' ~ ~ ~ ~ V '~ ~' ~ ~ ~ ~ ~ Cf ~ ~' d' ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~, vi vi ~n ~n m ~n rn m rn o ~ ~ v m m ~ ~ ~ ~ rn ui ~ r~ ~ ui N o0 0 ~n o ~ ~ N oo ~ ~ c-I N O N r-I i-i O ~ O ~'-~ N m 0 ~ ~ O c" A N N N O S N M O ~-'~ O c-i N c-I N N r-I O N M N M M c-I N m e-1 M M N m m c-I e-i M r-1 N c-I r-1 m M e-i ~ N M e--I m N N N N M N N Q Y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N ~ N ~ U V ~ a a a a a a a ~ a a a a d a ~ a a ~ a a a a a a ~ ~ ~ a a a a a a a ~ ~ ~ ~ i. c . ~ c Y ~ ~ ~ ~ Y N ~ Q ~ v ~ Y p ~ U Y _ N i v L O N ~ J N ~ 4J O (d Y > ~ ,G L ~ ~ O N Q ~ c9 - Q J 'p U u p J V ~ f9 N co i 41 4J "O . vi ._ ~ N N J _ O1 ~, L ~ N 4J E Q ~ f0 f0 ~ Y ~ ~ ~ w O N Y ~ ~ U Q D ~U N "O "~ = ~ L v U ~ N ~ U fD C ~ t 0 f9 N a Q Y >, i 41 to L L fD _ i ~ ( 0 _ C ~ ~ v v a + c Y N ~p Y u 0 v C c . co > N u Q cn L ~ f° ~ C Y (O ~ v ro C V '~ °J' o c ' ~ 7 o a ~ c ~ v ~ ` ° " 7 7 ~ o ~ ' ° v ` ~ . cv C ` f9 ~ v ~ ~ v ~ C l c J u E `n a c ~ ~ Q on a u v `n a~ c ~ O Q -' ti v ~ O on en '~ u a ~ . c ' ~o 00 '•- ~ ~ ~ ~ ~ ~ c ~ E ? ~ tin v ~ •~ ~ o c p T c F ~ ' ~ ~ N pp r9 .O C O Y O r9 ~ .O U U p" O to .O O C ~ ~ u i U N `n co O - ~ ` .~ ~ ~ ~ v ~ ~ ` v ~ ~ v _ _ ~ ~ N ~ O O 7 " O _ ~ v i ~ Y ` , ` U a ~ cn ~ F- t 9 a cn ~ U v~ O a O a Q w a ~ N cn cn ~ ~ F- ~ ~ O Q O a ~ O a U U c a a .Q ~ N cn v I- ~ ~ ~ a t o a O 2 p > -v v ~ ~ m ~ oo ui ~n o 0o m rn o m O ~ ~"~ lD 00 Ol Q1 c-I M O lD U1 N 1~ Q1 N N ci ~ c-i N ~ N ~ Q1 O 00 M N O I~ N Q1 N rl Q1 N Q ~ n O V N n W ~ O o0 1~ ~ lD n N M 01 M R I~ l0 N O ul M 00 N ~ 00 m h a' [t r1 ~ V E O ~ 0 N 0 00 0 m 0 N O e-I lD M N .--i Ol 00 N O I~ m m N rl Q1 N ~ N lD rl W ~--I r-i pp ~ ~ O lD N Z 0 00 O m 0 0 0 Ol M 0 0 0 0 0 0 0 e--~ O Q~ Ql m O M 0 Ol O N tl1 O M m w ~ .--i ~ ~ ~ O ~ O ~ ~ ~ O O ~ ~ .-i ~ ~ ~ ~ O ~ O O O ~ O ~--~ O ~ O 41 ~ O u1 O ~ Q Q Q Q ~ ~ ~ o w Y Z ~ ro u. ~ 3 J ~ ~ ~ ~ _ ~ ~ v ~ > O w ~ ~ C.J ~ p v ~ ~ ~ u U ro ~ v ~ O N ' ~ ¢~ p ~ + + . ~ T v~ ~ >, m ro N i O c i C `~ -O p to ~n U u O ~ N ~ - c o 7 O r p ~ ~ .O ~ C u ~n N p u cc ~ cc _ ~n } O c cn C c~ _ c l.L W ~ G J Q m G m C7 CC Z ~ Y ~ U' ~ G J ~ C Z ~ W In ~ d' Z L G d ~ J Q N Q1 ~ N T N d1 E ~ C O E ~ c0 ~ ~ N ~ ~ ~ N N ~ ~ ~ ~ <D ~ ~ (a ~ c N N ~ N 4J N ~ ~ c ~ T a Z `° c (~ ~ 41 OA Y u }' ~ "~ }' N C ~ Y ~G 3 O ~ ~ ~ .u ~ E N ~ ~ ~ ~ ~ N T ~ v, "a ~ E v - > ~ ra p O N 7 ~ ra rc c ro N N co L ~ ~ c O ca N Q" a ~ ~ co _ - O O c O Y O ~ L ~ Y ~ v ~ ~ _° a a a a a m m m m u v u u v v u u o o N w w ~ c~ ~ c~ c~ ~ c~ N = N = = Y ~ J ~ 19C-6 .N 7 N L u C O u i v 0 O v v N QJ O N rn 0 0 N ~"'~ M (9 ~ o Q c ~ v ~ E ~ d co CO a ~°- Q' C Q' ~ 4J 41 4J ~ ~ ~ ~ ~- v v N L N L UD •~ Uq 'ate C 47 C N O ~ _O ~ C ~ O Y O ~ N N Z = Z = ~ ~ ~ ~ ~ .a ~ v > ~ > ~ '+., C ',~.., C N p ~ C C C C C C C p C N O N O -p _ -p O O O O O O O _ O ~ ++ ~ •r.+ N f0 N ~+ a+ ++ N Y y ~+ f6 a-+ ~ N fL w `~ ~ (O +"~ 'L ~'' ~ C w ~ f0 `~ f9 (O f9 fd ~0 'L w ` (O O V • C dA - O V • C b0 ~ a+ ~ ~ O OD O O C Up O C I]0 C OA C OA C OA C qA +' ~ ~- O C OA ~ cp ] L v> >, ~ L • in ~ O_ -O ~p Q ~, in >, >, ~n >, vi in v~ cn in -O T ~n ~ N aJ ~p N 41 N O N r9 41 ~ N 4J ' ~p d ' 41 ' d! ' 4J ' OJ ' O O N ' ~ (n ~ J V1 ~ (n - V1 J ~ J J d J d d R D, ~ J d C O O O O O O O O O O O O O O O O O O O O O O p \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ • ~ v m o ~n ~ ~ ~n m rn m m ~ m .n v m ~ o ~-+ m o „ ~ M ~ .--i m N 0 0 0 .-~ ~ ~ O m ~ O N O ~ N M ~ M M c-I r-I e-I N M A N e--I m i-1 m ~ e-i N m M M N M c-1 M Q Y O O O O O O O O O O O O O O O O O O O O O O N ~ N ~ N U ~ a a i ~ a ~ a a ~ a a a a ~ a ~ ~ a a a a ~ a a i n . v = > c co fO ~ •u c •c ~, ~ ~ N V U L ~ N _ ~ L O Q L O N .~ _ ~ a-1 L ~ ~ y_ ~ .J C V C • j ~ N Q cc N "O V E 'O ~ ~ 'D n O O A co V N ro O ~ O ~ N O p ~ O v O c L p ~ C ? J 7 h0 V O ~ O O u C7 p o ;~ U c C7 C.J w ~ N r ~ v ~ ~ ~ ~ ~ ° ° ~ ~ °- O E •ra o A ~ O OA L ~ +J ~ t 9 L p L ~ ~ ~ ~ N O ~, i~ ro O OA C V L ~ cc ~ ,~ ro C N O L O N ~? hA Y ~ in Gq N u L ro ~. O ~~ ~ ~ ~ ~ o • ro •O O ` ~ 4 ~ N ~ 7 O ~ ~ ~ ~ • O ~ 7 U U ii ~ w a ~ a a ~ CJ _, ~ v~ H a a. d U a a ~ ~- a~ >• Q1 N M 1~ r-1 N N d• V N lD O ~ .-i 00 e-i N ~O ~D 00 00 I~ tD ~ d' ~ V Ql I~ Q7 V1 00 L!1 00 I~ O. ~ n n N lD l0 .--I O 00 lD I~ 00 ~ a0 W 00 O ~ N ~ ~D 1~ n E O ~ 0 m 0 ~ N ~ ~o m o o r+ m o m m N o v m m m ~-+ oo m w Z O ~ 0 ~ t ~ n O O ~ N f~ ~ O 0 ~ 0 ~ ~ O t0 O 0 ~ 0 ~ 0 O tD O 0 ~ 0 01 0 ~ 0 ~ O 0 ~ T L f0 v cm v ~ o a O Q o ~ z w o ` c v ~ a ~ _ " ~ ~ c ~ ~ 7 v ~ v ~ f9 ~ V ~ ( (6 a i o_ ~ ~ ~ L • vi •-+ 4J L O C _ ~ ~ L ~ O UA C (O ~ ~' L C ~, C c } W U C7 CO C W LL U ~ Q G CD U (/') ~ ~ Q W Q O ~ Z o . v - o ~ L ~ a~ ro +, ~ C U C N ~ L V ~ ~ = ( O O C VI to C C f0 ++ Z O ~ L L N N N p ~ v~ r a c0 - - 77 ~ O ~ ~ C C i~ L. ~ ~ ~n L~ ~ ~ ~ v • ~ J cc c CC c c Z ' _ > ~j G L G G L a ~ ~ N In (n (n N ~ 19C-7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ Mar 2006 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilities#ef Mar 2006 and prior rtifi ti n C for e ca o Forms applicants for recruitments which require _ bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at Mar 2006 and prior recruitment time, are kept for outreach purposes.'` Examination Examination answer sheets completed by Mar 2006 and prior Answer Sheets applicants during testing process and other _ testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of Mar 2006 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 March 31, 2009, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager CONSENT BY: nriq J AI a D e Exec ~ e Di ctor Personnel Services Department RECORDS DESTROYED: Number of Boxes APPROVED BY: u_z, -..~~L_k._~-k~C ~ ~~~ ~~~~-. Joseph Fletcl~ Date City Attorney 19C-8 O C J N O N L U C O U f~ ^~ W -a 0 U O W' O O U O O O O N M L O .~ ,-. c N L U N Q ~ ~ -~ ~ co co co co co co co co m co co co ~ c0 c0 co co c0 co co co co co co c~ co m ~~,- o 0 0 0 0 ' 0 0 0 0 ' 0 0 0 0 ' 0 ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 W r O O M lC ) t~ ~' M lf ) ti M O O ~ +~ O N O O M M N CO N N CO f` ~- CO ~ N r r O r N N r- T- O N M V LL > O N O O O O N r N N r O M O ~ W N M M M M r M M N M r r ,•, Q .. Q I N N M M M M N M M M N M M N (6 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D u Z Z z J CO CO CO CO CO ~ CO CO CO CO ~ CO CO CO ~ ~ CO CO ~ t.C) It") ~ CO CO ~ cD CD CO CO ~ N O O O d7 O O O O O O O O O O O O O O O O O O O O O O O O O O ~ (p ~ I~ ~ O ~ O ~ ti ~ M ~ tf') ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ M ~ M ~ O ~ ~ ~ M ~ 00 ~ r ~ I~ ~ r ~ ~ ~ 0 ~ 0 ~ r ~ 00 ~ 00 ~. M Q O (~ r N r N r N r N r N O N O M N N 0 r 0 N 0 N r r O N O r r r r f~ r N O r r ~-- N O r CO ~- N N N r N N N M ~-- r r N N N ~- O O O O O r O 0 0 0 r O 0 0 r O 0 0 r r O 0 0 0 r 0 0 0 0 CO cD CO cD CO ~ CO C~ ~ CO ~ CO C~ ~ ~ ~ CO ~ ~ ~ ~ ~ CO CO ~ CO t0 C~ C~ ~ O O O O d7 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 N (~6 % ~ M ~ O ~ O ~ CO ~ I~ ~ ~}' ~. M ~ M ~ O ~ M ~ O ~ M ~ ~ ~ ~- ~ t7 ~ M ~ O ~ r ~ ~ ~ ~ ~ 07 ~ M ~ r ~ 07 ~ CO ~ f~ ~ ~7' ~ r ~ r Q O a r ~ N 0 ~ ~--' 0 ~ r 0 ~ N r ~ r r ~ r N ~ N O ~ N O ~ N N ~ r M ~ r 0 ~ r 0 ~ r N ~ r N ~ O N ~ c}' r' ~ N N ~ r N ~ 0 r- ~ 0 O ~ Ln O ~ r N ~ N O ~ r O ~ O r ~ r O ~ r O ~ N r ~ ~- O O O O O r O O r O r O O r r O O r r O 0 0 0 0 r 0 0 0 0 L C (6 _ ~ ~ ~ L ~ ^ W ~ U `V .Z - m = Q cn ~ ~ ~ ~ ~ N U rn m y L C O U ~ ._ "O "O "O O ~ C O Q ~ N Q- ~ U - m ~ U L N L (Q L (~ L ~ .-~ / 1 ~ U U ~ ~ L Q C ~ ~ U C ~ O L C Cn O ~ A A ~, N ~ ~ ~ c~ Q (~ II ~ O C U O U N ~ r O y..+ ~ N O ~ O U O ~ O U V C ~ U U ... ~ L L U U ~ C (Q M U ~_ c ~ ~ Q Q N N ~ ~ U ~v L ~ ~ ~ O1 (Q X O ~ N LL ~ ~ L ~ ~ ~ ~ ~ ~ ~~ ~+ ~ N N ( ~ v . U C C ~ tB ~ ~ U (B N N N O ~ L ~ L ~ L ~ L ~ L ~ L ~ C •- C_ U "' L (Q +"i Q W W ~-- CC C U ~ ~ ~ cc G U_ U_ U_ U ~..~ U U U U ~..) ~ ~ ~ ~ ~ V ~ cv +--, .--, +--, ~ ~ U .. .~ ~ ~ ~ ~ N O O O N N ~ C C ~ O W N c~ cn ~ O O ~ ~ O O O O ~ ~ ~ ~ ~ ~ m W W ~ ~ H L O ~ ~ N r-•~ cII '~ cv ~--~ . U U L O U ~ Cn ~ ~ C N N O N N N O O O O L L L L L ~ D U ~ ~ ~ C O O O O O O Q ~ ~ ~ ~ ~ ~ ~ U ~ ~ O N E 0 0 0 0 0 0 0 0 0 0 0 0 U O N O ~ -O U Q Q Q Q m m W L.L . LL J ~ W d ~ ~ ~ d W ~ ~ ~ ~ (n (n (n (n (n (n I- O a' ~ ~ O _ ~'' ~ O O M (D CO CO C~ CO CO CO CO CO CO Cfl CO ~ C~ CO CO CO t.C) l,C) CO CO CO CO CO CO C~ m ~~ 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 0 0 0 O ~ ~ TI I O I r I ~ I l1') I M I ~ i M I i~ I 00 I CD 1 d7 I M 1 In I O 1 ~' I 07 1 ~ 1 ~ I r I CO I O I M 1 t7' I N I CO I 00 I N I I~ ~ m Z M O O ~ O ~ M ~ tf') CO ~ ~ CO lf") t.f) t1') I~ ~ d' M M ~ M O ~ O ~ I` O 19C-9 19C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 20, 2009 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT NO. 08- 1700-C) ,/ f , '~ ~- J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i 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 acquisition agreement, subject to non-substantive changes approved by the City Manager and City Attorney, with Santos R. Alcoser for the purchase of the property located at 518 N. Bristol Street in the amount of $216,000. 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 improvements from Third Street to Civic Center Drive. 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, acquisition of the property located at 518 N. Bristol is required (Exhibit 1). The property is being purchased from the bank during the foreclosure process. 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. 25A-1 Purchase Agreement For Bristol Street Corridor April 20, 2009 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency ~C~.CC~O ~ ~ red 1 ~ t Francisco Gutierrez, Executive Director Finance & Mgmt. Services Agency 25A-2 LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR i i i i i i i i 7TH ST -- r-r- i i i i -- L~-~--~-.-~-- -- I I I I I I I I ___ 6TH ST m~ i i ~----~---L~--~~ 5TH ST i__ ~-~-T- I i I SANTA ANA BLVD ~__1 ! j -----~I i -----~ r- il ,~ i i i I I I I i -~--j---j--~-----j i i i WASHINGTON ST L--I-- ~---~- I ~--r- I I I I I 12TH ST -- I I I I I ~---~--~--1---~-- - I I I I I 11TH ST - - i i i i i ir-_~-~i-~---~-! I j i i i 10TH ST -- - r--r--r i i i-----1---~--~ ~-r-- 'I ,I I I I 9TH ST -- - i i i i i i i i i i ~---j---~--'r--j j i i i - i i i CIVIC CENTER DR - MATCHLINE SEE TOP LEFT GYI..IIQIT i SANTA ANA CITY COUNCIL TITLE PURCHASE AGREEMENT FOR P W A AGENDA DATE BRISTOL STREET CORRIDOR PUBLIC MIXixS nGENCr APRIL 20, Zoos - _(PROJECT 08-1700-C) =,1 ~: ~~~ CALIFORNIA ; c :a t.: I F c~ It N f .a RESIDENTIAL PURCHASE AGREEMENT ~ ,a s s ca c f :q T r o ~~ AND JOINT ESCROW INSTRUCTIONS ~rl~r O F R F A I_ T O R S 'r` For Use With Single Family Residential Property -Attached or Detached (C.A.R. Form RPA-CA, Revised 11!07) Date February 3, 2009 , at Santa Ana ,California. 1. OFFER: A. THIS IS AN OFFER FROM _ City of Santa Ana ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as 518 N Bristol Santa Ana CA Assessor's Parcel No. ,situated in Santa Ana ,County of Oranoe ,California, ("Property"). C. THE PURCHASE PRICE offered is Two Hundred Sixteen Thousand Dollars $ 216 000.00 D. CLOSE OF ESCROW shall occur on (date) (or ® 45 Days After Acceptance). 2. FINANCE TERMS: Obtaining the loans below is a contingency of this Agreement unless: (i) either 2K or 2L is checked below; or (fi) otherwise agreed in writing. Buyer shall act diligently and in good faith to obtain the designated loans. Obtaining deposit, down payment and closing costs is not a contingency. Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Buyer has given a deposit in the amount of .......................................... $ to the agent submitting the offer (or to ^ ), by personal check (or ^ ), made payable to , which shall be held uncashed until Acceptance and then deposited within 3 business days after Acceptance (or ^ ), with Escrow Holder, (or^ into Broker's trust account). B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or ^ C. FIRST LOAN IN THE AMOUNT OF ......................................................$ (1) NEW First Deed of Trust in favor of lender, encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % initial adjustable rate with a maximum interest rate of %, balance due in years, amortized over years. Buyer shall pay loan feeslpoints not to exceed . (These terms apply whether the designated loan is conventional, FHA or VA.) (2) ^ FHA ^ VA: (The following terms only apply to the FHA or VA loan that is checked.) Seller shall pay % discount points. Seller shall pay other fees not allowed to be paid by Buyer, ^ not to exceed $ .Seiler shall pay the cost of lender required Repairs (including those for wood destroying pest) not otherwise provided for in this Agreement, ^ not to exceed $ . (Actual loan amount may increase if mortgage insurance premiums, funding fees or closing costs are financed.) D. ADDITIONAL FINANCING TERMS: ^ Seller financing, (C.A.R. Form SFA); ^ secondary financing, ........... $ (C.A.R. Form PAA, paragraph 4A); ^ assumed financing (C.A.R. Form PAA, paragraph 4B) E. BALANCE OF PURCHASE PRICE (not including costs of obtaining loans and other closing costs) in the amount of .. $ 216, 0 00.00 to be deposited with Escrow Holder within sufficient time to close escrow. F. PURCHASE PRICE (TOTAL) :................................................................... $ 216, 000.00 G. LOAN APPLICATIONS: Within 7 (or ^ )Days After Acceptance, Buyer shall provide Seiler a letter from lender or mortgage loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for the NEW loan specified in 2C above. H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 2G) shall, within 7 (or ^ )Days After Acceptance, provide Seller written verification of Buyer's down payment and closing costs. I. LOAN CONTINGENCY REMOVAL: (i) Within 17 (or ^ )Days After Acceptance, Buyer shall, as specified in paragraph 14, remove the loan contingency or cancel this Agreement; OR (fi) (if checked) ^ the loan contingency shall remain in effect until the designated loans are funded. J. APPRAISAL CONTINGENCY ANO REMOVAL: This Agreement is (OR, if checked, ®is NOT) contingent upon the Property appraising at no less than the specified purchase price. If there is a loan contingency, at the time the loan contingency is removed (or, if checked, ^ within 17 (or Days After Acceptance), Buyer shall, as specified in paragraph 146(3), remove the appraisal contingency or cancel this Agreement. If there is no loan contingency, Buyer shall, as specified in paragraph 146(3), remove the appraisal contingency within 17 (or )Days After Acceptance. K. ®NO LOAN CONTINGENCY (If checked): Obtaining any loan in paragraphs 2C, 2D or elsewhere in this Agreement is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. L. ®ALL CASH OFFER (If checked): No loan is needed to purchase the Property. Buyer shall, within 7 (or ^ )Days After Acceptance, provide Seller written verification of sufficient funds to close this transaction. 3. CLOSING AND OCCUPANCY: A. Buyer intends (or ®does not intend) to occupy the Property as Buyer's primary residence. B. Seller-occupied or vacant property: Occupancy shall be delivered to Buyer at ^ AM ^ PM, ®on the date of Close Of Escrow; ^ on ; or ^ no later than Days After Close Of Escrow. (C.A.R. Form PAA, paragraph 2.) if transfer of title and occupancy do not occur at the same time, Buyer and Seller are advised to: (i) enter into a written occupancy agreement; and (ii) consult with their insurance and legal advisors. Buyer's Initials ( k 9 ) ( ) The copyright laws of the United Stales (Title 17 U.S. Code) forbid the unauthorized ~ reproduction of this form, or any portion thereof, by photocopy machine or any other Seller's Initials ( ) ( ) means, including facsimile or computerized formats. Copyright ® 1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Reviewed b Date E°UAL NOUSINC RPA-CA REVISED 11!07 PAGE 1 OF 8 DPPORTUNITV ( ) CAI IPARAl1A RFQIr1ClVT1A1 DIID/`u ACC er_DOOUCwrr iDDw_rw onr_e a ne o~ Agent: Kent Jorgensen Phone: 9492916794 Fax: 7142598026 Prepared using WINForms®software Broker: Home Town Real Estate & Inv. 36 Windswept Way ,Mission Viejo CA 92692 2 5A-4 518 N Bristol Property Address: Santa Ana, CA Date: February 3, 2009 C. Tenant-occupied property: (i) Property shall be vacant at least 5 (or ^ )Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be in breach of this Agreement. OR (fi) (if checked} ^ Tenant to remain in possession. The attached addendum is incorporated into this Agreement (C.A.R. Form PAA, paragraph 3.); OR (iii) (if checked) ^ This Agreement is contingent upon Buyer and Seller entering into a written agreement regarding occupancy of the Property within the time specified in paragraph 14B(1). If no written agreement is reached within this time, either Buyer or Seller may cancel this Agreement in writing. D. At Close Of Escrow, Seller assigns to Buyer any assignable warranty rights for items included in the sale and shall provide any available Copies of such warranties. Brokers cannot and will not determine the assignability of any warranties. E. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms and garage door openers. If Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified here, this paragraph only determines who is to pay for the report, inspection, test or service mentioned. If not specified here or elsewhere in this Agreement, the determination of who is to pay for any work recommended or identified by any such report, inspection, test or service shall be by the method specified in paragraph 14B(2). A. WOOD DESTROYING PEST INSPECTION: (1) ^Buyer ^ Seller shall pay for an inspection and report for wood destroying pests and organisms ("Report") which shall be prepared by , a registered structural pest control company. The Report shall cover the accessible areas of the main building and attached structures and, if checked: ^ detached garages and carports, ^ detached decks, ^ the following other structures or areas . The Report shall not include roof coverings. If Property is a condominium or located in a common interest subdivision, the Report shall include only the separate interest and any exclusive-use areas being transferred and shall not include common areas, unless otherwise agreed. Water tests of shower pans on upper level units may not be performed without consent of the owners of property below the shower. OR (2) ^ (If checked) The attached addendum (C.A.R. Form WPA) regarding wood destroying pest inspection and allocation of cost is incorporated into this Agreement. B. OTHER INSPECTIONS AND REPORTS: (1) ^Buyer ^ Seller shall pay to have septic or private sewage disposal systems inspected (2) ^Buyer ^ Seller shall pay to have domestic wells tested for water potability and productivity (3) ^Buyer ^ Seller shall pay for a natural hazard zone disclosure report prepared by (4) ^Buyer ^ Seller shall pay for the following inspection or report (5) ^Buyer ^ Seller shall pay for the following inspection or report C. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) ^Buyer ^ Seller shall pay for smoke detector installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer a written statement of compliance in accordance with state and local Law, unless exempt. (2) ^Buyer ^ Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and reports if required as a condition of Dosing escrow under any Law. D. ESCROW AND TITLE: (1) ®Buyer ^ Seller shall pay escrow fee Escrow Holder shall be First American Title • (2) ®Buyer ^ Seller shall pay for owner's title insurance policy specified in paragraph 12E Owner's title policy to be issued by First American Title (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) E. OTHER COSTS: (1) ®Buyer ^ Seller shall pay County transfer tax or transfer fee (2) ®Buyer ^ Seller shall pay City transfer tax or transfer fee (3) ^Buyer ^ Seller shall pay HOA transfer fee (4) ^Buyer ^ Seller shall pay HOA document preparation fees (5) ^Buyer ^ Seller shall pay the cost, not to exceed $ , of a one-year home warranty plan, issued by , with the following optional coverage: (li) ^Buyer ^ Seller shall pay for (7) ^Buyer ^ Seller shall pay for 5. STATUTORY DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, deliver to Buyer, if required by Law: (I) Federal Lead-Based Paint Disclosures and pamphlet ("Lead Disclosures"); and (ii) disclosures or notices required by sections 1102 et. seq. and 1103 et. seq. of the California Civil Code ("Statutory Disclosures'). Statutory DisGosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax andlor assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act and Improvement Bond Act of 1915) and, if Seller has actual knowledge, an industrial use and military ordinance location disclosure (C.A.R. Form SSD). (2) Buyer shall, within the time specified in paragraph 14B(1), return Signed Copies of the Statutory and Lead Disclosures to Seller. (3) In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports or~and paid for by Buyer. Buyer's Initials ( ~ ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. RPA-CA REVISED 11!07 {PAGE 2 OF 8) Reviewed by Date OPPOATUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 8) 51 R t3ristol Of 25A-5 518 N Bristol Property Address: Santa Ana, CA Date: February 3, 2009 (4) If any disclosure or notice specified in 5A(1), or subsequent or amended disclosure or notice is delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After delivery in person, or 5 Days After delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. (Lead Disclosures sent by mail must be sent certified mail or better.) (5) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; (fi) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) 6. CONDOMINIUMlPLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or ^ )Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned unit development or other common interest subdivision (C.A.R. Form SSD). B. If the Property is a condominium or is located in a planned unit development or other common interest subdivision, Seller has 3 (or ^ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (f) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "CI Disclosures'). Seller shall itemize and deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). 7. CONDITIONS AFFECTING PROPERTY: A. Unless otherwise agreed: (i) the Property is sold (a) in Its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (fi) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. 8. SELLER SHALL, within the time specified In paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, AND MAKE OTHER DISCLOSURES REQUIRED BY LAW (C.A.R. Form SSD). C. NOTE TO BUYER: You are strongly advised to conduct investigations of the entire Property in order to determine its present condition since Seller may not be aware of all defects affecting the Property or other factors that you consider important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. D. NOTE TO SELLER: Buyer has the right to Inspect the Property and, as specifled in paragraph 14B, based upon Information discovered in those inspections: (i) cancel this Agreement; or (ii) request that you make Repairs or take other action. 8. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in SB or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms; and (3) The following items: (4) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (5) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 9. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 148. Within the time specified in paragraph 146(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead-based paint and other lead-based paint hazards; (ii) inspect for wood destroying pests and organisms; (lii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Buyer shall complete Buyer Investigations and, as specified in paragraph 14B, remove the contingency or cancel this Agreement. Buyer shall give Seller, at no cost, complete Copies of all Buyer Investigation reports obtained by Buyer. Seller shall make the Property available for all Buyer Investigations. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigati~ through the date possession is made available to Buyer. Buyer's Initials ( ) ( } Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. RPA-CA REVISED 11107 PAGE 3 OF 8 Reviewed by Date eoun~eouslNc ( ) OPPORTUNITY CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 8) 518 Bristol Ot' 25A-6 518 N 8risto2 Property Address: Santa Ana, CA Date: February 3, 2009 10. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be perforrned at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of receipts and statements to Buyer prior to final verification of condition. 11. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall: (i) keep the Property free and clear of liens; (ii) Repair all damage arising from Buyer Investigations; and (ill) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 12. TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary (title) report, which is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 14B. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (fi) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a CLTA/ALTA Homeowner's Policy of Title Insurance. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 13. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. ^ (If checked): The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph must be in writing (C.A.R. Form CR). A. SELLER HAS: 7 (or ^ )Days After Acceptance to deliver to Buyer all reports, disclosures and information for which Seller is responsible under paragraphs 4, 5A and B, 6A, 7B and 12. B. (1) BUYER HAS: 17 (or ^ )Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve ail matters affecting the Property (including lead-based paint and lead-based paint hazards as well as other information specified in paragraph 5 and insurability of Buyer and the Property); and (ii) return to Seller Signed Copies of Statutory and Lead Disclosures delivered by Seller in accordance with paragraph 5A. (2) Within the time specified in 148(1), Buyer may request that Seiler make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests. (3) By the end of the time specified in 148(1) (or 21 for loan contingency or 2J for appraisal contingency), Buyer shall, in writing, remove the applicable contingency (C.A.R. Form CR) or cancel this Agreement. However, if (i) government-mandated inspections/ reports required as a condition of dosing; or (ii) Common Interest Disclosures pursuant to paragraph 6B are not made within the time specified in 14A, then Buyer has 5 (or ^ )Days After receipt of any such items, or the time specified in 148(1), whichever is later, to remove the applicable contingency or cancel this Agreement in writing. C. CONTINUATION OF CONTINGENCY OR CONTRACTUAL OBLIGATION; SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit if, by the time specified in this Agreement, Buyer does not remove in writing the applicable contingency or cancel this Agreement. Once all contingencies have been removed, failure of either Buyer or Seller to close escrow on time may be a breach of this Agreement. (2) Continuation of Contingency: Even after the expiration of the time specified in 146, Buyer retains the right to make requests to Seller, remove in writing the applicable contingency or cancel this Agreement until Seller cancels pursuant to 14C(1). Once Seller receives Buyer's written removal of all contingencies, Seller may not cancel this Agreement pursuant to 14C(1). (3) Seller right to Cancel; Buyer Contract Obligations: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit for any of the following reasons: (i) if Buyer fails to deposit funds as required by 2A or 2B; (ii) if the funds deposited pursuant to 2A or 28 are not good when deposited; (iii) if Buyer fails to provide a letter as required by 2G; (iv) if Buyer fails to provide verification as required by 2H or 2L; (v) if Seller reasonably disapproves of the verification provided by 2H or 2L; (vi) if Buyer fails to return Statutory and Lead Disclosures as required by paragraph 5A(2); or (vii) if Buyer fails to sign or initial a separate liquidated damage form for an increased deposit as required by paragraph 16. Seller is not required to give Buyer a Notice to Perform regarding Close of Escrow. (4) Notice To Buyer To Perform: The Notice to Buyer to Perform (C.A.R. Form NBP) shall: (i) be in writing; (ii) be signed by Seller; and (lit) give Buyer at least 24 (or ^ _ )hours (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform may not be given any earlier than 2 Days Prior to the expiration of th_ applicable time for Buyer to remove a contingency or cancel this Agreement or meet a 14C(3) obligation. Buyer's Initials ( n t ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. RPA-CA REVISED 11/07 PAGE 4 OF 8 Reviewed by Date eoun~rrousiuc ( ) ovvoaruuirv CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 8) 518 Bristol Of 25A-7 518 N Bristol Property Address: Santa Ana, CA Date: February 3, 2009 D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicabie information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing. E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. A party may be subject to a civil penalty of up to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or )Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7A; (ii) Repairs have been completed as agreed; and (Iii) Seller has complied with Seller's other obligations under this Agreement. 16. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. {C.A.R. FORM RID) Buyer's Initials / Seller's Initials / 17. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Paragraphs 17B(2) and (3) below apply to mediation whether or not the Arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 17B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in California Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. (3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, consistent with 17A and B, provided either or both Brokers shall have agreed to such mediation or arbitration prior to, or within a reasonable time after, the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the Agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials / Seller's Initials / Buyer's Initials ( ~, ~ ) ( ) Seller's Initials ( ) ( ) Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. RPA-CA REVISED 11107 (PAGE 5 OF 8) Reviewed by Date EOUALNWSINC OPPORTUNITY CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 8) 518 Bristol Of 25A-8 518 N Bristol Property Address: Septa Ana, CA Date: February 3, 2009 18. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 19. WITHHOLDING TAXES: Seller and Buyer agree to execute any instrument, affidavit, statement or instruction reasonably necessary to comply with federal (FIRPTA) and California withholding Law, if required (C.A.R. Forms AS and AB). 20. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the terms of this transaction to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 21. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. 22. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 17A. 23. SELECTION OF SERVICE PROVIDERS: If Brokers refer Buyer or Seller to persons, vendors, or service or product providers ("Providers"), Brokers do not guarantee the performance of any Providers. Buyer and Seller may select ANY Providers of their own choosing. 24. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 25. OTHER TERMS AND CONDITIONS, including attached supplements: A, 0 Buyer's Inspection Advisory (C.A.R. Form BIA) _ _ g, ^ Purchase Agreement Addendum (C.A.R. Form PAA paragraph numbers: ) C, ^ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) D. ^ Seller shall provide Buyer with a completed Seller Property Questionnaire (CAR form SPOT within the time specified in paragraph 14A E. Offer is contingent anon City Council A~Droval fF) House to be acquired for the Bristol St. __ Widening Proiect. 26. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means the terms and conditions of this accepted California Residential Purchase Agreement and any accepted counter offers and addenda. C. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. If the scheduled close of escrow falls on a Saturday, Sunday or legal holiday, then close of escrow shall be the next business day after the scheduled close of escrow date. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days, unless otherwise required by Law. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Notice to Buyer to Perform" means a document (C.A.R. Form NBP), which shall be in writing and Signed by Seller and shall give Buyer at least 24 hours (or as otherwise specified in paragraph 14C(4)) to remove a contingency or perform as applicable. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. N. Singular and Plural terms each include the other, when appropriate. Buyer's Initials (~ ) ( } Seller's Initials ( ) { } Copyright ©1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. RPA-CA REVISED 11107 (PAGE 6 OF 8) Reviewed by Date EQUAL HOUSING OPPORIUNITV CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 8) 518 Bristol Of 25A-9 518 N Bristol Property Address: Santa Ana, CA Date: February 3, 2009 27. AGENCY: A. DISCLOSURE: Buyer and Seller each acknowledge prior receipt of C.A.R- Form AD "Disclosure Regarding Real Estate Agency Relationships." B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer-broker agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Erik xaui 36o Realty __ (Print Firm Name) is the agent of (check one): ®the Seller exclusively; or ^ both the Buyer and Seller. Selling Agent xent Toroensen Broker (Print Firm Name} (if not same as Listing Agent) is the agent of (check one): ®the Buyer exclusively; or ^ the Seller exclusively; or ^ both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 28. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 2, 4, 12, 13B, 14E, 18, 19, 24, 256 and 25E, 26, 28, 29, 32A, 33 and paragraph D of the section titled Real Estate Brokers on page 8. If a Copy of the separate compensation agreement(s) provided for in paragraph 29 or 32A, or paragraph D of the section titled Real Estate Brokers on page 8 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ^ ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraphs 29, 32A and paragraph D of the section titled Real Estate Brokers on page 8. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraphs 29 and 32A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Escrow Holder shall immediately notify Brokers: (i) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 29. BROKER COMPENSATION FROM BUYER: If applicable, upon Close Of Escrow, Buyer agrees to pay compensation to Broker as specified in a separate written agreement between Buyer and Broker. 30. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. All paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only if initialed by all parties. If at least one but not all parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. Buyer's Initials (~~) ( } Seller's Initials (- ) ( ) Copyright ~ 1991-2007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. EOUALNOUSMG RPA-CA REVISED 11107 (PAGE 7 OF 8) Reviewed by Date oaPOeTUeirv CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 8) 51 K Bristol 01' 25A-10 518 N Bristol Property Address: Santa Ana, CA Date: February 3, 2009 31. EXPIRATION OF OFFER; This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by ,who is authorized to receive it by 5:00 PM on the third Day after this offer is signed by Buyer (or, if checked, ^ by (date), at ^ AM ^ PM). Date Date BUYER - ~ ~~- BUYER City of ante Ana (Print name) (Print name) 20 Civic Center Plaza Santa Ana CA 92701 (Address) 32. BROKER COMPENSATION FROM SELLER: A. Upon Close Of Escrow, Seller agrees to pay compensation to Broker as specified in a separate written agreement between Seller and Broker. B. If escrow does not close, compensation is payable as specified in that separate written agreement. 33. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. ^ (If checked) SUBJECT TO ATTACHED COUNTER OFFER, DATED Date Date SELLER SELLER Santos R. Alcoser (Print name) (Print name) 518 N Bristol Santa Ana CA 92701 (Address) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized ( / )agent on (date) at ^ AM ^ PM. A binding Agreement is created when (Initials) a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 27. C. If specified in paragraph 2A, Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or (ii) ^ (if checked) the amount specified in a separate written agreement (C.A.R. Form CBC) between Listing Broker and Cooperating Broker. Real Estate Byeker (Sellin Firm) Kent Jorcrensen, Broker DRE Lic. # 01174480 B -r Y ./ (e.-,-~~~ DRE Lic. # Date February 3, 2009 Address 60 W Sant Ana Blvd #115 City Santa Ana State ca Zip 92701 Telephone 1714)550-4628 Fax (714)200-0809 E-mail info@cDSi-row.com Real Estate Broker (Listing Firm} Erik Kaul, 360 Realty License # BY License # Date Address City State Zip Telephone Fax E-mail ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ^ a deposit in the amount of $ ), counter offer numbers and and agrees to act as Escrow Holder subject to paragraph 28 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder First American Title Escrow# BY Date _ Address Phone/Fax/E-mail 1/ Escrow Holder is licensed by the California Department of ^ Corporations, ^ Insurance, ^ Real Estate. License # _ (_ / ~ REJECTION OF OFFER: No counter offer is being made. This offer was reviewed and rejected by Seller on (Seller's Initials) (Date) THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A. R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This Corm is available for use by the entire real estate industry. It is not intended to identity the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS who subscribe to its Code of Ethics. Published and Distributed by: N REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of AEALTORS® ~° 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date EwAt NouslNc OPPORTUNITY RPA-CA REVISED 11/07 (PAGE 8 OF 8) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 8) 51 R Bristol O1' 25A-11 25A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 20, 2009 TITLE: ALLOCATION OF FY 2009-2010 EMERGENCY SHELTER GRANT FUNDS ~/. -~ ~ ~~~~~ ~~ (~ ,/ ~ 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 1. Allocate the FY 2009-2010 Emergency Shelter Grant funds as recommended. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies awarded funds. HUMAN RELATIONS COMMISSION ACTION At its Regular Meeting of February 9, 2009, by a vote of 7-0 (Gonzalez, Hoa absent), the Human Relations Commission recommended that the City Council allocate the FY 2009-2010 Emergency Shelter Grant funds as recommended and direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non- profit agencies awarded funds. DISCUSSION In July 2009, the City of Santa Ana will be awarded Emergency Shelter Grant (ESG) funds by the U.S. Department of Housing and Urban Development (HUD). These funds are made available to states, counties and municipalities to support emergency shelter programs for the homeless. Eligible uses include renovation of emergency shelter facilities, essential services to the homeless (e.g., food and health care), and homeless prevention. A maximum of thirty percent of the total grant may be used for essential services and thirty percent for homeless prevention. Since fiscal year 1987-1988, the City has actively participated in the ESG program to provide funding to the homeless service organizations. In 25B-1 Allocation of FY 2009-10 ESG Funds April 20, 2009 Page 2 October 2008, a Notice of Funding Availability was mailed to 49 non-profit providers soliciting applications for FY 2009-2010 grant funding. Fifteen service agencies responded with funding requests totaling $546,135. Proposals predominately sought funds to offset program administration, homeless prevention, maintenance and operating costs. On February 4, 2009, the Human Relations Commission conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need, 2) capacity to provide service, and 3) effective and efficient use of funds. A list of the agencies submitting proposals, the evaluation panel rating, the grant amount for the present year, the requested amount of funding for FY 2009-2010, and the recommended funding for FY 2009-2010 is provided in Exhibit 1. Two of the recommended proposals will fund homeless prevention programs, and twelve will fund essential services and operations. Fourteen proposals are being recommended for funding as follows: ORGANIZATION >Women's Transitional Living Center :Orange County Association for Mental `Human Options SMEDA .WISE Place '.Interval House :Mercy House - Center Thomas House Temporary Shelter ;SBC Community Mission Services 'Legal Aid Society of Orange County 'Mercy House - Emergency Shelter ;Laura's House `Mercy House - Transitional Shelters Willa Center ;Orange Coast Interfaith Allocation for Essential Services, Prevention & Operations Allocation for Administration Total Budget for 2009-2010 RECOI~Il~~NDATION $38,500 Health $27,000 $18,000 $26, 000 $32,500 $20,500 $35,000 $15,500 $5,000 $9,000 $22, 500 $10,500 $29,000 $11,000 $.00 $300,000 $ 3, 600 $303,600 The U.S. Department of Housing and Urban Development has yet to provide the actual allocation for the 2009-2010 ESG program. Therefore, any amount over or under the anticipated $303,600 will be added to or subtracted from the Administration allocation. The Human Relations Commission recommended funding for organizations that received a score of 21.00 and above, therefore, only one organization was not recommended for funding. 25B-2 Allocation of FY April 20, 2009 Page 3 FISCAL IMPACT 2009-10 ESG Funds HUD provides ESG funds directly to the City. Funds will be utilized for eligible activities by non-profit homeless service agencies and the City. Funds will be available in the FY 2009-2010 Emergency Shelter Grant account (account no. 135-152-various). APPROVED AS TO FUNDS AND ACCOUNTS: c i~ Cynth a J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/NTE/FH/kcg 042009 AllocFY09-10 ESGFunds 1 J iA Fn ~,ti~~'~, ~,. ~~,,(Francisco Executive Finance & ~ ; .~, kti Glatier '~ z ~~.,;~~ Director Management Services Agency 25B-3 2009-2010 ESG Rating And Recommendations Sheet Service Average 08-09 Grant 09-10 Grant Relations Tab Or anization T e Ratin Allocation Re uest Recomm'd Emergency 15 Women's Transitional Livin Center Shelter 28.29 $ 34,500 $ 50,000 $ 38,500 Essential 9 Oran e Count Association for Mental services 27.as $ 20,000 $ ao,ooo $ z7,ooo Emergency 1 Human O tions Shelter 27.00 $ zo,ooo $ 25,ooo $ 1s,ooo Homeless 11 SMEDA Prevention 26.29 $ 23,725 $ 34,560 $ 26,000 Transitional 14 WISE Place Shelter 25.71 $ 40,000 $ 52,000 $ 32,500 Emergency 2 Interval House Shelter 25.43 $ 20,000 $ 30,000 $ 20,500 Supportive 5 Merc House-Center Services 25.43 $ 41,000 $ 70,000 $ 35,000 Transitional 12 Thomas House Tem ora Shelter shelter 25.14 $ 15,000 $ 25,000 $ 1s,soo Homeless 10 SBC Communit Mission Services Prevention 24.86 Did Not A I $ 6,500 $ 5,000 Essential 4 Le al Aid Societ of Oran e Count Services 24.43 $ 10,000 $ 10,075 $ 9,000 Emergency 6 Merc House-Emer enC Shelter Shelter 24.43 $ 20,245 $ 50,000 $ 22,500 Emergency 3 Laura's HOUSe Shelter 23.71 $ 10,000 $ 15,000 $ 10,500 Transitional 7 Merc House-Transitional Shelters Shelter 22.1a $ ao,ooo $ 70,000 $ zs,ooo Transitional 13 Villa Center Shelter 21.86 $ 10,500 $ 50,000 $ 11,000 Essential 8 Oran e Coast Interfaith Services 10.00 Did Not A I $ 18,000 ESG DISTRIBUTION TO NON-PROFIT ORGANIZATIONS $ 300,000 25~b=4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 6, 2009 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2009-2010 CITY NAGER 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 y- ~~._~ 9 FILE NUMBER 1. Approve the proposed fiscal year 2009-2010 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development (HUD) for the City's fiscal year 2009-2010 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or sub-recipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION ACTION At its Regular Meeting of February 9, 2009, by a vote of 7:0 (Gonzalez, Hoa absent), the Human Relations Commission (HRC) directed staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2009-2010 Community Development Block Grant Social Services Programs to the City Council. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate-income neighborhoods, eliminate blight and create a more stable economic base. 25C-1 Public Hearing - Community Development Block Grant Program Fiscal Year 2009-2010 April 6, 2009 Page 2 These funds have been used for a diverse range of programs including housing, street improvements, parks and public facilities improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2009-2010 has yet to be determined by HUD. The funding allows for no more than fifteen percent of this entitlement to be used for social service programs. The proposed CDBG program and budget for fiscal year 2009-2010 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 219 organizations in September 2008. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the public service applications and conducted three public hearings held on January 14, 21, and 29, 2009, in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council's consideration. Traditionally, the only organization to apply for funding of fair housing counseling services has been the Fair Housing Council of Orange County. This year, as a result of the City's notice of funding availability, the City received a total of three applications. City staff evaluated applications and reviewed the organizations' experience, deliveries and references. Applicants were also invited to be interviewed by a panel composed of City staff from various departments. Based on this evaluation process, Fair Housing Council of Orange County is being recommended to continue providing fair housing counseling. Fair Housing of Orange County offices are located in an extremely convenient location in the City of Santa Ana, attracting a high percentage of walk- in clients. Their local expertise and deep roots in the community are invaluable. They are accustomed to Santa Ana's housing issues and have a very progressive outreach program. Staff recommends funding Fair Housing of Orange County to provide continuity and quality service to Santa Ana residents. The proposed fiscal year 2009-2010 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. The HRC ranking and funding recommendations for the social service programs are also provided in Exhibit 2. The City Council public hearing will provide another opportunity for public input and the 25C-2 Public Hearing - Community Development Block Grant Program Fiscal Year 2009-2010 April 6, 2009 Page 3 completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented. These funds will be available for the approved program effective July 1, 2009. APPROVED AS TO FUNDS AND ACCOUNTS: `~'l~rl ~~~cx~0 1D1'Cynthia J. Nelson _p Deputy Cit Manager for Development Services Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency CJN/NTE/kcg H:\ACTION ITEMS\COUNCIL\2009CC\040609 P.H. CDBGProgramFY 09-10.doc 25C-3 2009-21(1 CnR[~ Ra+inn An.i 1?e.....,~...,..,...r..a:,..... c+~__~ Tab - -- Or anization ---- Service T e •~~~V Service Detail ~~pp~IV11a~ VII 08-09 Grant Allocation GG~ 09-10 Grant Re uest Human Relations Recomm'd 1 211 Oran a Coun Referral Hotline $ 5,000 $ 30,000 $ 16,500 2 Achievement Institute Youth Education Mentor/Leadershi $ 9,000 $ 17,000 $ 10,000 3 AIDS Services Foundation S ecial Needs S ecial Needs $ 5,000 $ 25,000 $ 13,000 4 America on Track Youth Education Mentor/Leadershi $ 14,000 $ 16,000 $ 11,000 5 American Lun Association Medical/Dental Medical/Dental Did Not A I $ 47,410 $ 12,000 6 Assistance Lea ue of Santa Ana Su ort Services Su ort Services $ 20,000 $ 33,000 $ 21,000 7 Blind Children's learnin Center S ecial Needs S ecial Needs $ 18,500 $ 27,000 8 Bo s and Girls Club of Santa Ana Recreation cam $ 40,000 $ 47,562 $ 40,000 9 Cambodian Famil ,The Youth Education Academic $ 25,000 $ 45,000 $ 25,500 10 Career Be innin s of O. C. Youth Education Mentor/Leadershi $ 15,000 $ 18,000 $ 11,500 Exhibit 1 25C-4 2009-2010 CDR[ Rafinn Anrl Rnt~nmmnnrih+t.,.,~ cr..,..a 38 Le al Aid Socie -Famed Income Tax Credit Adult Education Financial $ - $ 10,000 $ 5,500 39 Le al Aid-Health Consumer Referral Referral $ 6,500 $ 10,700 $ 6,500 40 Mari osa Women and Famil Ctr Counselin Abuse/Ne lect $ 6,000 $ 7,500 $ 6,000 41 Mer House Shelters Transitional $ 10,000 $ 60,000 $ 15,000 42 Nova Academ Youth Education Academic Did Not A I $ 15,000 43 O.C.Bar Foundation-Pro ramma Counselin Crime Prevention $ 20,000 $ 15,000 $ 11,500 44 O. C. Bar Foundation-sto Short Counselin Crime Prevention $ 15,000 $ 20,000 $ 13,000 45 O. C. Children's Thera eutic Arts S ecial Needs S ecial Needs $ 22,500 $ 34,794 $ 28,000 46 O. C. Human Relations-Common Counselin Other $ 5,500 $ 30,792 $ 12,500 47 O. C. Human Relations-Heart Youth Education Other $ 20,000 $ 28,619 $ 18,500 48 O. C. Youth Commission Recreation Sorts $ 25,000 $ 48,868 $ 34,500 49 Parent Institute for Quali Edu Adult Education Academic $ 10,000 $ 100,000 $ 10,000 50 Pathwa s to Adventure Recreation cam $ 30,000 $ 38,500 $ 27,500 51 Phoenix House Oran a Count Counselin Crime Prevention Did Not A I $ 30,047 52 Public Law Center Referral Referral Did Not A I $ 16,663 $ 8,000 53 Relam a o Del Cielo Recreation Arts $ 12,000 $ 14,000 $ 12,000 54 Saint Jose h'sBallet Recreation Arts $ 42,000 $ 50,000 $ 41,000 55 Santa Ana Athletic Foundation Recreation Sorts $ 18,000 $ 50,000 $ 24,500 56 Santa Ana Historic Preservation Youth Education Other Did Not A I $ 9,100 57 SBC Communi Mission Svcs Recreation Sorts $ 10,000 $ 10,000 $ 10,000 58 Share Our Selves Medical/Dental Medical/Dental $ 10,000 $ 10,000 $ 10,000 59 Small Bus. Financial Dev. Cor Adult Education Financial Did Not A I $ 50,000 60 South Coast Children Socie Su ort Services Su ort Services Did Not A I $ 3,995 61 Southwest Minori Econ. Dev Su ort Services Su ort Services $ 9,000 $ 13,000 $ 10,500 62 Taller San Jose Adult Education Em to ment $ 50,000 $ 67,758 $ 45,000 63 64 Teen Challen a of SoCal THINK To ether Youth Education Youth Education Academic Academic $ 10,000 $ 20,000 $ 10,000 $ 50,000 $ 8,000 65 TKO Youth Foundation Recreation Sorts $ 27,000 $ 30,000 $ 25,500 66 Vietnamese Communi of O.C. Counselin Crime Prevention $ 12,000 $ 67,091 $ 16,000 67 Villa Center, The Shelters Emer enc $ - $ 50,000 $ 10,000 68 Westend Communi Policin Crime Outreach $ 8,500 $ 13,100 $ 9,500 69 Wise Place Shelters Transitional $ 12,500 $ 12,500 $ 12,000 70 Women Hel in Women Adult Education Em to ment $ 6,500 $ 13,000 $ 8,500 71 72 Women's Transitional Livin Ctr Shelters Emer enc Youn Men's Christian Assoc. Su ort Services Su ort Services $ 10,000 Did Not A I Total $ 20,000 $ 51,600 $ 2,896,792 $ 15,500 $ 14,000 $ 1,000,000 Amount Available SURPLUS/ DEFICIT $ 1,000,000 $ _ Exhibit 1 25C-5 TAB Administration 8~ Planning 73 City of Santa Ana/CDA-Administration $ 775,000 $ 74 Fair Housing Foundation Did Not Apply $ 75 Orange County Fair Housing Council $ 69,780 $ 76 Southern California Housing Rights Center Did Not Apply $ PROPOSED 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS 2008-09 2009-10 APPROPRIATION REQUEST Total Administration & Planning $ 844,780 $ Capital Improvements 77 City of Santa Ana/PWA-Neighborhood Street Improvements $ 2,500,000 $ 78 City of Santa Ana/PRCSA-Neighborhood Park Improvements $ 444,105 $ 79 City of Santa Ana/CDA-Neighborhood Sponsored Improvements $ 50,000 $ 80 Latino Center for Prevention and Action in Health and Welfare Did Not Apply $ 81 Orange County Children's Therapeutic Arts Center Did Not Apply $ 82 Santa Ana Historical Preservation Society Did Not Apply $ Total Capital Improvements $ 2,994,105 $ Code Enforcement 83 City of Santa AnalPBA & CAO-Code Enforcement $ Total Code Enforcement $ Housing Rehabilitation 84 Paint Your Heart Out $ 85 Rebuilding Together O.C. $ 86 City of Santa Ana/CDA-Multi-Family Rehab Loans $ Total Housing Rehabilitation $ Total Non-Social Services $ 1,699,668 $ 1,699,668 $ 2009-10 STAFF RECOMMENDATION 665,000 $ 665,000 72,400 72,192 $ 72,200 69, 509 879,101 $ 737,200 3,000,000 $ 2,817,800 250,000 $ 250,000 50,000 $ 50,000 101,000 175,000 6,600 3,582,600 $ 3,117,800 1,700,000 $ 1,700,000 1,700,000 $ 1,700,000 - $ 90, 000 $ 90, 000 30,000 $ 30,000 $ 30,000 200,000 $ 125,000 $ 125,000 230,000 $ 245,000 $ 245,000 5,768,553 $ 6,406,701 $ 5,800,000 Total Non-Social Services Recommendation $ 5,800,000 Total Social Services Recommendation $ 1,000,000 ESTIMATED TOTAL 08/09 CDBG GRANT $ 6,800,000 Exhibit 1 25C-6 2~iD9_2(11(1 CI'1R[~ R~finn A.,.~1 Ds......~..........d..a:_.~_ c+~__. Tab Or anization - - Service T e - ~ Service Detail ~~v~~ 08-09 Grant Allocation Mil L~V11~7 V~~GG 09-10 Grant Re uest ~ Human Relations Recomm'd Average Score 71 Women's Transitional Livin Ctr Shelters Emer enc $ 10,000 $ 20 000 $ 15,500 29.00 45 O. C. Children's Thera eutic Arts S ecial Needs S ecial Needs $ 22,500 $ 34,794 $ 28,000 28.33 8 Bo sand Girls Club of Santa Ana Recreation cam $ 40,000 $ 47,562 $ 40,000 27.78 48 O. C. Youth Commission Recreation Sorts $ 25,000 $ 48,868 $ 34,500 27.44 36 Kidsin ers Recreation Arts $ 13,000 $ 25,000 $ 15,500 27.33 6 Assistance Lea ue of Santa Ana Support Services Support Services $ 20,000 $ 33,000 $ 21,000 27.17 20 Communit SeniorServ-HM Seniors Senior Services $ 24,000 $ 30 000 $ 16 500 27.00 34 Human O lions Youth Education Other $ 15,000 $ 20,000 $ 20,000 27.00 3 AIDS Services Foundation S ecial Needs c..,..,.,.+ S ecial Needs c ,........ $ 5,000 $ 25,000 $ 13,000 26.83 2009-2010 CDBG Ratinn Anrl Rpr_nmmanr~~fi~nc ctiee+ 23 Con .Dist-Academ of Dance Recreation Arts Did Not A 1 $ 25,000 $ 13,000 23.33 15 Cit -Police De artment-PAAL Youth Education Academic $ 65,000 $ 85,000 $ 48,500 23.11 33 Hotline of Southern California Referral Hotline $ 5,000 $ 6,000 $ 5,000 23.11 4 America on Track Youth Education Mentor/Leader shi $ 14,000 $ 16,000 $ 11,000 23.00 5 American Lun Association Medical/Dental MedicallDental Did Not A I $ 47,410 $ 12,000 23.00 41 Merc House Shelters Transitional $ 10,000 $ 60,000 $ 15,000 22.67 52 Public Law Center Referral Referral Did Not A I $ 16,663 $ 8,000 22.44 17 Cit -Public Works-Anti-Graffiti Crime Outreach $ - $ 110,000 $ 19 000 22.17 10 38 Career Be innin s of O. C. Legal Aid Society-Earned Income Tax Credit Youth Education Adult Education Mentor/Leader shi Financial $ 15,000 $ - $ 18,000 $ 10,000 $ 11,500 $ 5,500 22.00 21.86 49 Parent Institute for Qualit Edu Adult Education Academic $ 10,000 $ 100,000 $ 10,000 21.67 63 Teen Challen a of SoCal Youth Education Academic $ 10,000 $ 10,000 $ 8,000 21.56 9 Cambodian Famil ,The Youth Education Academic $ 25,000 $ 45,000 $ 25,500 21.56 2 Achievement Institute Youth Education Mentor/Leader shi $ 9,000 $ 17,000 $ 10,000 21.33 67 Villa Center, The Shelters Emer enc $ - $ 50,000 $ 10,000 21.33 37 Latino Youth Leadershi Institute Youth Education Mentor/Leader shi $ 5,000 $ 48,400 $ 10,000 21.25 39 Le al Aid-Health Consumer Referral Referral $ 6,500 $ 10,700 $ 6,500 21.22 12 Child Guidance Center Counselin Abuse/Ne lect Did Not A I $ 41 379 $ 10,000 21.11 24 Court A oint S ecial Advocates Counselin Abuse/Ne lect Did Not A I $ 10,000 21.00 64 THINK To ether Youth Education Academic $ 20,000 $ 50,000 21.00 26 East L.A. Classic Theatre Youth Education Other Did Not A I $ 99,552 20 22 13 Cit -Libra Youth Education Academic Did Not A I $ 249 580 20.13 42 Nova Academ Youth Education Academic Did Not A 1 $ 15,000 19.67 29 F.A.C.E.S Counselin Abuse/Ne lect Did Not A I $ 15,092 19.33 30 Goodwilllndustries Adult Education Financial $ - $ 15,850 19.00 14 Cit -Police De t-Helico ter Crime Crime Prevention $ 20,000 $ 250,000 18.83 31 Grain Pro'ect, The Youth Education Other Did Not A I $ 73,855 1 g,22 32 Ho a Communi Services Youth Education Academic $ 5,000 $ 27,150 18.22 11 Charles W. Bowers Museum Youth Education Academic $ 5,000 $ 10 000 17.56 18 Colette's Children's Home Shelters Transitional $ - $ 10,000 14.40 59 Small Bus. Financial Dev. Cor . Adult Education Financial Did Not A I $ 50,000 14,22 7 Blind Children's leamin Center S ecial Needs S ecial Needs $ 18 500 $ 27,000 12.50 51 Phoenix House Oran a Count Counselin Crime Prevention Did Not A I $ 30,047 10.88 56 Santa Ana Historic Preservation Youth Education Other Did Not A I $ 8,100 10 71 60 South Coast Children Societ Support Services Support Services Did Not A I $ 3,995 4.20 Total $ 2,896,792 $ 1,000,000 Amount Available $ 1,000,000 SURPLUS/ DEFICIT $ _ 25~=~