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Home My WebLink About FULL PACKET_2009-07-06REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS 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 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 2f~a ~l!~ifd f 8 PW 3~ X18 CIT', ~ ,:: F~,~lta GLt`: ~€l ~~. MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 16, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence July 1, 2007 and prior Correspondence/ July 1, 2007 and prior Chronological Files Councilmember Self-explanatory Council Requests Mayor Inquiries processed for Mayor July 1, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers July 1, 2007 and prior Correspondence General Correspondence Self-explanatory July 1, 2007 and prior Staff Inquiries processed for Staff July 1, 2007 and prior Monthly Status City Manager Self-explanatory July 1, 2007 Reports and prior Payroll Records Council/Staff Self-explanatory July 1, 2007 and prior APPROVE f" /, f' David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: r ; ~\ . Joseph W. Fletch~~ Date City Attorney ,~ AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-3 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Patricia E. Healy, Clerk of the Council Date: June 8, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~ ~~ ~~~ 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL 2009 RECORD RECORD RECORD RETENTION CATEGORY SERIES DESCRIPTION PERIOD BOARDS & B&C Applications Applications for B&C positions 2006 and Prior COMMISSIONS (B&C) Not Selected received during a calendar year and not acted u on b the Council B&C Board Attendance Reports Biannual Attendance reports from 2006 and Prior City Boards, Committees and B&C Board Member File, Commissions; includes RFCA's; Membership Applications and supporting Roster correspondence re current members; Reference file for names, addresses and other data on incumbent Board/Commission members. CLERK Miscellaneous Correspondence Includes both incoming and outgoing 2006 and Prior PUBLIC RECORDS Public Records Request Requests from the public for 2006 and Prior REQUEST documents retained by the City CLERK LOGS Claims Against the City Council reports on liability claims 2005 and Prior Miscellaneous Logs Log of documents received by the Clerk including summons, subpoenas, appeals, Alcoholic Beverage Control (ABC), Personnel Board findings and other actions under various SAMC sections COUNCIL MEETING Agendas City Council Meeting Agendas 2006 and Prior Agenda Packets-By Council Meeting Council Meeting Agenda packet 2003 and Prior Date materials, e.g., Requests for Council Action (RFCA's) and backup information on Council A enda items Audio and Video Recordings Recordings of Council Meetings 2007 and Prior COUNCIL REQUESTS Certificates and Proclamations Request from the Mayor and Council 2006 and Prior re uestin resentations FINANCE (Financial Projects Winning bids (originals) for Council- 2004 and Prior Documents) approved contracts for construction, improvement, maintenance, rehabilitation of public facilities including change orders; contains RFCA's and insurance certificates 19C-5 RECORD RECORD RECORD RETENTION CATEGORY SERIES DESCRIPTION PERIOD FAIR POLITICAL Candidate Campaign Statements FPPC Filings 2005 and Prior PRACTICES (FPPC) Successful - Ori finals Candidate Campaign Statements 2005 and Prior Unsuccessful - Ori finals Candidate Campaign Statements in 2003 and Prior Laserfiche Unsuccessful Misc. Campaign Statements - 2005 and Prior Ori finals Misc. Campaign Statements in 2001 and Prior Laserfiche FAIR POLITICAL Statements of Economic Interest-GC Councilmembers, candidates for 2006 and Prior PRACTICES (FPPC) Sec 87200 Filers -Originals elected City office, City Attorney, City Manager, Finance & Management Services Executive Director, and Planning Commissioners Statements of Economic Interest-GC 2004 and Prior Sec 87200 Filers in Laserfiche Statements of Economic Interests-All 2001 and Prior Others -Originals INSURANCE (INS) Buildin Movers Proof of insurance required to be 2003 and Prior Bus Shelters & Benches filed with the Clerk Helicopter Landing & Other Stadium Users Taxicabs PAYROLL Leave of Absence Forms to authorize absence from 2006 and Prior work Exception Sheets Forms to charge labor expenditures to applicable Fund and Activity other 2005 and Prior than home account PREPARED BY: ~~~ D~ Rit L Gallardo Date Asst. Clerk oft a Council RECORDS DESTROYED: Number of Boxes CONSENT BY: ~° / , ,~~ ~ ~ ~:~ ~ atricia E. Healy ~_ Date Clerk of the Council APPROVED BY: / S„ ~ ~~'`~ ~. ~~ ~ ~ ~(~ 4. ~1. 1. Joseph Fletc- r Date City Attorn 19C-6 ORGANIZATIONS - CAMPAIGN STATEMENTS (460, 470, 410, ETC) (Originals and Laserfiche) A Better Santa Ana Committee 1991-95 Plumbers & Steamfitters 1993 Residents & Businesses Against Rent Control 1990 Santa Ana Chamber PAC 1991-93 Santa Ana Fireman's Le islative Action 1991-93 Santa Ana Good Government Committee 1991 Santa Ana Merged Society of Nei hbors 1991 Santa Ana Mobile Homeowners PAC 1989-1992 Santa Ana Police Officers PAC 1991-1994 Santa Ana Traditional Values Committee 1991 Santa Ana Citizens 1991-94 Santa Ana Cit Em to ees 1991-94 19C-7 UNSUCCESSFUL CANDIDATES CAMPAIGN STATEMENTS (460, 470, 410, ETC) (Originals and Laserfiche) NAME YEAR S Ann Andres 1994 Arthur Castro 1994 Winston Covin ton 2000-04 Vital D'Car io 2000-04 Corween Dickerson 1992-93 Eleazar Elizondo 2002-03 Stanle Fiala 2002-04 Mar aret Flindt 2002 Elizabeth Gortarez 2000 Robert Henson 2002 Zeke Hernandez 1992-95 Irene Ibarra 2002 Nanc Lutz 2000-03 Jose Macias 2002-03 Sal Mendoza 1994 Sean Mill 1992-95 Glen Mondo 1993-94 Mauro Morales 2000-03 Michelle Morrise 1999-2002 John Patterson 1992-93 Armando Ramirez 2000-03 John Ra a 1994 James Richards 1994 Mark Rocha 2000 Noeomi Romero 1994 Ana Vas uez 1992-94 Jose h Wa staff 1994 Frances Wlilliams 1992-93 Randell Youn 1994 19C-8 ~~~ .'~.i~! 22 ~~ 9~ 27 I/~ i ; t.. Li. I, .:1. MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department, M24 Date: June 16, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~,i l~ ~ n 19C-9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES EMPLOYMENT Full-/Part-Time U.S. Dept. of Justice Immigration and Hired July 1, 2006 and ELIGIBILITY Employees Naturalization forms completed and signed prior, or terminated VERIFICATION by EE and reviewed and verified (with July 1, 2008 and prior, (FORMS I-9)** necessary documentation) by employer whichever is later.'` re resentative. *Will be purged PREPARED BY: ~ ~ / ~.~ Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: . ~ ~. ~ Kathie Gonzalez Date Acting Executive Director Personnel Services Department APPROVED BY: Joseph Fletcher Date City Attorney 19C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY ~4li.~~~- CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency Executive Director annually renders to the City Council a Statement of Investment Policy. The purpose of the policy is to provide for the prudent investment of idle funds. The criteria for selecting investments and the order of priority are safety, liquidity, and yield. The investment policy applies to all financial assets of the City. FISCAL IMPACT There is no fiscal impact associated with this action. ~~{} ^ R Francisco Gutierrez '`', Executive Director Finance & Management Services Agency CLERK OF COUNCIL USE ONLY: 19D-1 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009/2010 INTRODUCTION: This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury Manager only. The investment policy applies to all financial assets of the city and are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy and the Investment Portfolio Guidelines. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. 19D-2 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 OBJECTIVES: 1. SAFETY OF PRINCIPAL - Safety of objective of the City of Santa Ana. shall be undertaken in a manner that of capital in the overall portfolio. mitigate credit risk and interest rate A. Credit Risk principal is the foremost Each investment transaction seeks to ensure preservation The objective will be to risk. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: - Limiting investments to the safest types of securities; - Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which an entity will do business; and - Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: - Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and - By investing operating funds primarily in shorter-term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD - The City's Fund shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not ~~ ~=~d prior to maturity with the CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market-average rate of return is defined as the average return on three-month U.S. Treasury Bills. The City strives to maintain one hundred percent (100%) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS: The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 53600, 16429.1 and 53684 et seq. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GN1~ (Government National 19D-4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FH?~MC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there is no percentage limitation on these issues, the "prudent investor" rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of banker's acceptances may not exceed one hundred, eighty (180) days or forty percent (40%) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30%) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Inc. (Moody's), Standard and Poor's (S&P) or Fitch Financial Services, Inc. (Fitch). The corporation that issues the commercial paper shall be organized and operating within the United States, shall have total assets in excess of five-hundred, million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated "A" or higher by Moody's or S&P or Fitch. Eligible commercial paper shall have a maximum maturity of two-hundred seventy (270) days or less. The City may purchase no more than ten percent (10~) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty-five percent (25%) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by a state-licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30%) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall 19D-5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. F. Repurchase Agreements. For purposes of this section, the term "repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be valued daily by the tri-party custodial agent. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or thirty percent (30%) of the cost value of the Fund. G. Local Agency Investment Fund - State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor" rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (15%) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5%) of the cost value of the Fund. I. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: 19D-6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three following: Moody's, S&P or Fitch, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience managing money market funds with assets under management in excess of five-hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. In accordance with Section 53631.5 of the Government Code, the City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City' s portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest-bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one- hundred, ten percent (110) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one-hundred, fifty percent (150%) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first two-hundred, fifty-thousand dollars ($250,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $250,000 because we receive a higher interest rate. 19D-7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one-hundred, twenty (120) days of the Institution's fiscal year-end. SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non-investment employees and reconfirmed by the City's accounting staff. In addition, the City's 19D-8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2009-2010 accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City's ability to meet its pool's expenditure requirements for the next six months. POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. ~~~5 `~~~~ ~~ Francisco Gutierrez 1 Executive Director Finance & Management Services Agency 19D-9 Iss: 6/08/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSIDERING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The California Government Code, §53646, provides that each city may have a written statement of investment policy to govern investment of the city's monies. B. Pursuant to §53646, the City Treasurer shall annually submit a statement of investment policy, for City Council consideration. C. The City Treasurer has submitted the attached Statement of Investment Policy to this Council at its regular meeting of June 29, 2009, for its consideration. Section 2. The City Council of the City of Santa Ana has duly considered and approves the City's statement of investment policy submitted by the City Treasurer. Section 3. The City Treasurer shall submit quarterly reports to the City Council stating all investments made in the preceding quarter and that such investments have been made in conformance with the City's investment policy. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor 19D-10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of Council City of Santa Ana 19D-11 19D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: APPROPRIATION ADJUSTMENT WORKFORCE INVESTMENT ACT TITLE I SUB-GRANT FOR PY FOR 2009-10 '. f' r~ _~~r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Approve an Appropriation Adjustment recognizing additional revenues of $225,630 in Title I Adult funds, $92,760 in Title I Dislocated Worker funds, $239,610 in Title I Youth funds and $62,000 in administrative funds from the State of California for the 2009-10 fiscal year allocation. 2) Adopt a resolution authorizing execute all necessary documents sub-grant with the State of Division. DISCUSSION the City Manager or designee to for the Workforce Investment Act California, Workforce Investment The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job-training programs for adults, dislocated workers and youth who meet specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity on January 28, 2000, by the State Workforce Investment Board. Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. A new sub-grant is required at the beginning of each program year in order to receive the new WIA funds as they are allocated by the State. Upon submission of this sub-grant agreement, the City will be eligible to receive $1,605,081 in WIA Youth funds, $1,543,322 for the Adult and $820,676 for the Dislocated Worker programs for program year 2009-10. At the time the 2009-10 City budget was prepared, the allocation of funding from the State of California had not been received for WIA. As a result, estimated revenue figures were used. The State has since issued the final allocations for WIA funding for fiscal year 2009-10. 20A-1 AA WIA Title I Sub-grant For PY 2009-10 July 6, 2009 Page 2 This appropriation adjustment will reflect the actual funding amounts for the Adult, Dislocated Worker, and Youth programs. The appropriation also includes the allocation of ten percent or $62,000 of the program funds to be used for program administration as allowed by WIA regulations. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA Adult account (no. 123-223-6933), WIA Dislocated Worker account (no.123-224-6933), WIA Youth Council account (no. 123-295-6933), and WIB Admin account (no. 123-293-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~~, ~ ~ i~,i ~ ~ ~~ ~ , ~~ ~tCynthia elson Deputy ~,'ty Manager for Development Services Community Development Agency Francisco Gutierrez Executive Director Finance & Management Services Agency /r ~,~ CJN/LM/FJ/mlr 20A-2 les: 6/5/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB-GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job-training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and an administrative entity by the State Workforce Investment Board. The City of Santa Ana has received WIA funds to operate job-training programs since July 1, 2000. C. Anew sub-grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub- grant is the first step in the process enabling the City of Santa Ana to receive WIA funds as they are allocated by the State of California for fiscal year 2009- 2010. D. Submittal of the sub-grant agreement will enable the City to be eligible to receive $1,605,081.00 in WIA Youth Funds for fiscal year 2009-2010. The City will also be eligible to receive additional funds for the Adult and Dislocated Worker Programs during the year by a unilateral modification from the State of California. E. The sub-grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. 2~A~3 Resolution No. 2009-XXX Page 1 of 2 Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or his designee to execute all necessary documents related to the sub- grant with the State of California, Workforce Investment Division. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 2~A~4 Resolution No. 2009-XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACTS RENEWAL FOR POLICE DEPARTMENT UNIFORMS (SPEC. NO. 06-059) ~L ~/```~`----- CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for Police Department uniforms for a one-year period in the annual aggregate amount not to exceed $150,000 with the following vendors: Carmen's Uniforms, Inc. Galls, An Aramark Co, LLC DISCUSSION The Santa Ana Police Department requires uniforms to outfit approximately 650 employees. Uniforms identify department personnel by assigned duties and gives a professional appearance. On July 3, 2006, the City Council awarded contracts to two vendors for a three-year period with provisions for two one-year renewals. Price reductions and item substitutions will result in cost savings in the new contract period. Staff recommends the first renewal of the contracts. FISCAL IMPACT Funds are available in the Police Property & Facilities account (no. 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: _) ~J V'~- Paul M. Walters a~ Francisco GutierrezA ~G~ Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/KM/06-059R 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT RENEWAL FOR WEED AND DEBRIS REMOVAL (SPEC. NO. 06-100) -~ ~y ~~ 2 CITY A GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Naranjo Landscaping for weed and debris removal for a one-year period in an annual amount not to exceed $247,000. DISCUSSION The Public Works Agency (PWA)'s Maintenance Services Division is responsible for cleaning over 200 vacant lots, easements, and storm drain channels. The Community Development Agency also requires the service of weed abatement to maintain vacant City-owned properties. Removing the weeds and debris of both public and private properties enhances the safety and visual appearance of the city. On September 5, 2006, the City Council awarded a contract to Naranjo Landscaping for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. 22B-1 Contract Renewal for Weed and Debris Removal July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise, CDA Downtown Development and the Merged Housing Capital Projects Funds (nos. 68-632-6291, 57-635-6291, 407-933-6291 and 507-936-6291). APPROVED AS TO FUNDS AND ACCOUNTS: James oss Francisco Gutierrez ~~ Execut~iv Director Executive Director Publi~/c orks Agency Finance & Mgmt. Services Agency Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency JGR/WO/06-100R3.91: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT RENEWALS FOR ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR (SPEC. NOS. 06-101 AND 06-103) ~~~~~ / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Renew the contract with Hardy and Harper, Inc., for asphalt pothole repairs for a one-year period in the annual amount not to exceed $~oo,ooo. 2. Renew the contract with Hardy and Harper, Inc., for asphalt street maintenance for a one-year period in the annual amount not to exceed $580,000. DISCUSSION The Public Works Agency's Street Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. In order to do so, annual asphalt street maintenance and pothole repairs are required. Over the past several years, the City has realized good response and service from the contractor as well as flexibility of service levels. As needs change, the contractor has the ability to increase or decrease resources without affecting City staff or other programs. Through this contract the City's roadway maintenance budget has seen a reduction of 18 percent in unit costs for work performed. Staff that was previously assigned to roadway maintenance has been reassigned to other maintenance programs such as graffiti removal, trees and roadway cleaning. Services provided under the asphalt street maintenance contract include the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, construction of asphalt concrete pavement, and crack sealing. In addition, the contract provides for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. 22C-1 Contract Renewal for Street Maintenance and Pothole Repair July 6, 2009 Page 2 Services provided under the pothole repair contract all potholes and the repair of all damaged pavement sq. ft. in area with asphalt overlay. Since August asphalt concrete has been used to fill approximat small damaged pavement areas. Hardy & Harper, Inc. timely manner with all requests for pothole repair, street overlays. include the repair of areas not exceeding 50 2006, over 2400 tons of ely 80,000 potholes and has responded in a trench repair and On August 7, 2006, the City Council awarded contracts to Hardy and Harper, Inc., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals for asphalt street maintenance and pothole repair. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contracts without an increase in pricing. Staff recommends the final renewal of the contracts. FISCAL IMPACT Funds are available in the Public Works Road Maintenance, the Sanitary Sewer Service, Water Utility Water System Maintenance, and the Roadway Maintenance accounts (nos. 29-631-6291, 056-575-6291, 064-575-6291 and 29- 631-6291). APPROVED AS TO FUNDS & ACCOUNTS: L Ja es G. Ross Francisco Gutierrez E ecutive Director Executive Director ublic Works Agency Finance and Mgmt. Services Agency JGR/WO/06-1O1.R3.9 & 06-103.R3.9: 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT RENEWAL FOR SIDEWALK MAINTENANCE (SPEC. NO. 06-102) f ~ '` ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Channel Islands Sawing for sidewalk maintenance for a one-year period in the annual amount not to exceed $150,000. DISCUSSION The Public Works Agency's (PWA) Maintenance Services Division is responsible for maintaining the sidewalks of Santa Ana. PWA evaluates the condition of the sidewalks and identifies uneven surfaces, cracks and holes that need repairing. Once identified, the repair work is contracted. The recommended contract provides for offset grinding to repair uneven surfaces caused by underlying tree roots that raise sidewalk areas, resulting in risks to pedestrian traffic. During the previous contract term, 3,600 sidewalk areas were repaired using offset grinding. A separate contract is used to repair cracks and holes in sidewalks. On August 7, 2006, the City Council awarded a contract to Channel Islands Sawing for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Road Maintenance account (no. 29- 631-6291). APPROVED AS TO FUNDS AND ACCOUNTS: James G. ss ~ ~iC.Francisco Gutierrez r~ Executiv Director Executive Director r Public orks Agency Finance & Mgmt. Services Agency JGR/WO/06-102.R3.9: 2 2 ~~~ 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT RENEWAL FOR BRASS WATER SERVICE FITTINGS (SPEC. NO. 07-057) ~Z4n //~~~~~ti 1, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For` CONTINUED TO FILE NUMBER Renew the contract with Wells Supply Company for brass water service fittings for a one-year period in an annual amount not to exceed $95,000. DISCUSSION Last year, the Public Works Agency (PWA) Water Division delivered 43,000 acre feet of water to businesses and residents in Santa Ana. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as bushings, flanges, nuts, and stops. The materials are purchased through the Central Stores warehouse for distribution. The contract for brass water service fittings is designed to provide quality products at a significant savings based on quantity pricing. On July 16, 2007, contracts for brass water service fittings were awarded to three vendors for a one-year period with provision for four, one year renewals. At the first renewal, one vendor was unable to provide pricing for a one-year term, resulting in the renewal of the contract with two vendors. At the second renewal, Wells Supply Company, a Santa Ana vendor, has agreed to renew the contract with no price increases. Ferguson Waterworks has agreed to renew the contract; however, the vendor has requested a 12 percent increase. Staff verified that Wells Supply Company could provide the additional contract items at a lower price. As such the Ferguson Waterworks is not recommended for renewal. Wells Supply Company has performed satisfactorily during the past contract period. Staff recommends the second renewal of the contract, including the additional items. 22E-1 Contract Renewal for Brass Water Service Fittings July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 64-575-6391 and 64-578-6391). Jame G. R ss Exe tive irector Pub is W rks Agency JG~,/.6d~/ 07 - 057R2 . 9 APPROVED AS TO FUNDS AND ACCOUNTS: ~~~h~~ ~~ ~ ~ .~. 1 c~{ Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT RENEWAL FOR ANIMAL FOOD (SPEC. NO. 07-058) 1'1 j i>~~ ~. ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Midway City Feed Company for animal food for a one- year period in an annual amount not to exceed $40,000. DISCUSSION The Santa Ana Zoo at Prentice Park houses 227 animals in its collection. Each of the 74 different species has special dietary needs. Animal food required includes alfalfa, bale mix, bird food, monkey food, and additional items for the various animals. The contract for animal food is designed to provide quality products at significant savings based on quantity pricing. On July 16, 2007, the City Council awarded a contract to Midway City Feed Company for a one-year period with provision for three, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a three percent increase due to rising product costs. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Santa Ana Zoo Account (no. 11-247-6392). ,~,~'~ Gerard Mouet Execut ve Director Parks, Rec. & Comm. Svcs. Agency GM/WO/07-058.R2.8: 22F-1 APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~ ~~--u Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 CONTRACT AWARD FOR CONCRETE RECYCLING TRASH RECEPTACLES (SPEC. NO. 09-013) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended AND ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ ` 1 ~~` r! CITY MANAGER RECOMMENDED ACT10N CONTINUED TO FILE NUMBER 1. Reject the bid from NuCast as nonresponsive. 2. Award a contract to Quick Crete Products Corp., for concrete recycling and trash receptacles in the amount of $161,690. DISCUSSION In 2008, the City Council approved a resolution adopting a recycling policy for City facilities and for City sponsored/permitted events and large venues. Recycling receptacles were added to the interior of City buildings, shortly after the adoption of the resolution. Matching concrete recycling and trash receptacles will be installed at City parks, building exteriors, and other locations to encourage recycling by City personnel and members of the public. Two-thirds of the total cost will be paid through California Department of Conservation Grant funding, and one-third will be paid from special fees and donations generated by the Parks, Recreation and Community Services Agency. The notice inviting bids was advertised on May 4, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 6 Bids received Bids were received, opened on May 14, 2009, and evaluated (Exhibit 1) The low bid was found to be nonresponsive to the specification, as the vendor did not provide product specifications as required in the bid instructions. The estimate for the projected quantity of receptacles was $161,690. The bid received from Quick Crete Products Corp. is responsive to the specifications, meets the City's requirements, and is lower than the projected estimate. Therefore, the quantity of receptacles that can be ordered will be greater than projected. 22G-1 Contract Award for Concrete Recycling and Trash Receptacles July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Refuse Collection Service and Parks Recreation and Community Services Agency Special Fees and Donations accounts (nos. 69- 521-6291 and 22-231-6391). ;~ ,, f; /. James G. Rods Executive irector Public Wo ks Agency 1 APPROVED AS TO FUNDS AND ACCOUNT: n~,~~~ ~?~ ~ 1 ~ ~ ~~~ S~Francisco Gutierrez ~/ Executive Director J"' Finance & Mgmt. Services Agency Gerardo~Mouet Executi e Director Parks, Rec. & Comm JGR/GM/WO/09-013.98: Svcs. Agency 22G-2 ABSTRACT OF BIDS CONTRACT AWARD FOR CONCRETE RECYCLING AND TRASH RECEPTACLES # 09-013 Vendor Location Quick Crete Products Corp. Norco 198 Recycling Receptacles $ 84,942.00 $ 94 Trash Receptacles $ 38,070.00 $ Shipping/Delivery $ 17,520.00 $ Sales Tax @ 8.75% $ 12,296.55 $ Total Cost $ Vendor 158,828.55 $ Petersen Manufacturing Co., Inc Location Denison IA 198 Recycling Receptacles $ 126,324.00 $ 94 Trash Receptacles $ 59,972.00 $ Shipping/Delivery Included In Price $ Sales Tax @ 8.75% $ 16,300.90 $ Total Cost $ 202,596.90 $ Exhibit 1 Universal Precast Concrete, Inc. San Jose Wausau Tile, Inc. Rothschild, WI 105,930.00 $ 112,662.00 50,290.00 $ 53,486.00 7,150.00 $ 15,750.00 13,669.25 $ 14,537.95 177,039.25 $ Hanson Associates Tustin 121,770.00 57, 810.00 27, 380.00 15,714.00 222,674.00 196,435.00 22G-3 22G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT AWARD FOR RE-ROOFING VARIOUS CITY PROPERTIES (SPEC. NO. 09-025) ~. i~~t` CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Cook Coatings, Inc., for the re-roofing of Fire Stations 4, 5, and 7 and the Santa Anita Center in an amount not to exceed $96,500. DISCUSSION The roofs of Fire Stations 4, 5, and 7 and the Santa Anita Center have been evaluated and are recommended for replacement. The existing roofs are approximately 25 years old are no longer cost effective to repair and maintain. The proposed foam roofing system is comprised of a seamless layer of rigid polyurethane foam covered with two coats of protective silicone rubber. The completed system provides a durable and effective insulation with superior protection against all weather conditions. The replacement roofs will include a 25-year warranty and, if properly maintained, should withstand 50 years. The notice inviting bids was advertised on April 28, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 6 Bids received Bids were received, opened on May 14, 2009, and evaluated (Exhibit 1) The bid received from Cook Coatings, Inc., is responsive to the specifications and meets the City's requirements. To allow for unanticipated requirements, an additional ten percent contingency has been included in the award amount. 22H-1 Contract Award for Re-Roofing July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Finance & Management Building Maintenance account and Recreation & Community Services Managerial Support Services account (nos. 73-105-6621 and 11-231-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~~,L.. `_ , ~~ , ~ / r~ ~Le ti -- Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency FG/WO/09-025.2: ~rFrancisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 22H-2 ABSTRACT OF BIDS CONTRACT AWARD FOR RE-ROOFING VARIOUS CITY PROPERTIES # 09-025 Vendor Cook Coatings Foam Experts Montross Inc. Roofing Companies Location Menifee Mesa, AZ Lake Forest Fire Station #4 $32,000 $37,000 N/A Fire Station #5 $22,000 $21,000 N/A Fire Station # 7 $22,900 $25,000 N/q Santa Anita Center $10,400 $10,000 N/A Total Cost $87,700.00 $93,000.00 $109, 975.00 Vendor Best Contracting Universal RGSLA Services, Inc. Coatings, Inc. Inc. Location Gardena Fresno Whittier Fire Station #4 $46,200 $67,200 N/A Fire Station #5 $25,920 $29,800 N/A Fire Station # 7 $41,000 $12,300 N/A Santa Anita Center $11,300 $33,400 N/A Total Cost $124,420.00 $142,700.00 $208,340.00 "Did Not Provide Separate Bids For Individual Buildings Exhibit 1 22H-3 22H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 6, 2009 CONTRACT AWARD FOR MOTOR CONTROL CENTER UPGRADE AT MARINE LIFT STATION (SPEC. NO. 09-027) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ r"~ ITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Academy Electric, Inc., to upgrade the motor control center at the Maxine Lift Station in the amount of $65,900. DISCUSSION The Public Works Agency's Water Resources Division operates two sewage pumping stations that transfer wastewater from the City's collection system into the Orange County Sanitation District sewers. The Agency is upgrading the motor control center at the Maxine Lift Station, which is located near the intersection of W. McFadden Ave. and S. Maxine St. The motor control center regulates the quantity of wastewater pumped from the Maxine Lift Station. Replacement parts are no longer available for the current motor control center and the system is no longer supported by the manufacturer. The new motor control center will include a logic controller and redundant level control technologies, adding to the reliability of the pump station. The notice inviting bids was advertised on May 14, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 23 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 3 Bids received Bids were received, opened on June 9, 2009, and evaluated (Exhibit 1) The bid received from Academy Electric, Inc. is responsive to the specifications and meets the City's requirements. A contingency has been included for unanticipated minor modifications. 221-1 Contract Award for Motor Control Center Upgrade July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Services account (no. 56-575- 6291) . APPROVED AS TO FUNDS AND ACCOUNT: ~xS~ _ James R ss ~ Francisco Gutierrez ,r / Executive Director Executive Director /~/ Public W rks Agency Finance & Mgmt. Services Agency t JGR/WO/09-027.9: 221-2 ABSTRACT OF BIDS CONTRACT AWARD FOR MOTOR CONTROL CENTER UPGRADE AT MAXINE LIFT STATION INVITATION FOR BID# 09-027 Vendor Academy Electric, Inc. Location Orange Total Cost $59,910.82 Exhibit Leed Digital Electronic Electric, Inc. Services, Inc. Norwalk Upland $65,681.00 $74,118.38 221-3 221-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT AWARD FOR ASPHALT CONCRETE MATERIALS (SPEC. NO. 09-029) /~ l / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Vulcan Materials Co. for asphalt concrete materials for a one-year period, with provision for four, one-year renewals in an annual amount not to exceed $45,000. DISCUSSION The Public Works Agency performs a variety of maintenance and repairs on the City's water and sewer systems. Tasks include mainline leak repairs to the 450-mile water main system, repairs and/or replacements of the 47,000 water services, and repairs and/or replacements of the estimated 44,000 sewer laterals. As such, trench cuts are required in order to perform these repairs. The Water Resources Division requires temporary asphalt concrete mix to perform trench repairs in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Maintenance Services Division. The notice inviting bids was advertised on May 13, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 1 Bid received from a Santa Ana vendor The bid was received and opened on June 2, 2009, and evaluated. The bid received from Vulcan Materials Co. is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. 22J-1 Contract Award for Asphalt Concrete Materials July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the various departmental accounts (object code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. APPROVED AS TO FUNDS AND ACCOUNTS: / ~~~~ ~~~ ~~ ° ~1.e Jame G. oss ~~1Francisco Gutierrez ~~ Exec~uti e Director Executive Director Pub~lic/iniorks Agency Finance & Mgmt. Services Agency FG/50/09-029.2: 22J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT AWARD FOR CHAIN LINK FENCE RENTALS (SPEC. NO. 09-030) / ~. -'J,~' LLw ~~~4 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Reject the bids from Diamond Environmental Services and American Fence Company as nonresponsive. 2. Award a contract to S&S Rent-A-Fence for chain link fence rentals for a one-year period, with provision for four, one-year renewals in an annual amount not to exceed $70,000. DISCUSSION The Public Works Agency uses temporary fencing to ensure public safety and reduce liability around City-owned properties scheduled for construction or demolition. Fencing is installed within 24 hours, when necessary, to provide immediate public safety. Fencing is typically rented for either a six-month or a one-year period. The notice inviting bids was advertised on May 13, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 21 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 5 Bids received Bids were received, opened on May 28, 2009, and evaluated (Exhibit 1). To evaluate costs, vendors provided bids for representative fence rental projects that included various conditions and locations. Two of the bids received were found to be nonresponsive to the specification, as the vendors did not offer a 24-hour response time at no additional charge as required by the specification. The bid received from S&S Rent-A-Fence is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. 22K-1 Contract Award For Chain Link Fence Rentals July 6, 2009 Page 2 FISCAL IMPACT Funds are available in various departmental accounts for contractual services (object code 6291) APPROVED AS TO FUNDS AND ACCOUNTS: Jame G. oss ~" Francisco Gutierrez ~~ Exec ti e Director Executive Director Publ'ic~~orks Agency Finance & Mgmt. Services Agency Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency FG/WO/09-030.2: 22K-2 ABSTRACT OF BIDS CONTRACT AWARD FOR CHAIN LINK FENCE RENTALS 09-030 Vendor Location 24 Hour Response Time At No Additional Charge? Total Cost For 8 Fencing Scenarios, Month To Month Contract Term $ Vendor Location 24 Hour Response Time At No Additional Charge? Total Cost For 8 Fencing Scenarios, Month to Month Contract Term "Bidders were required to offer 24 hour response time at no additional charge N/R= Non Responsive Bid S&S Construction Services Newhall Yes 27,952.75 $ 41,658.00 $ 123,855.00 Diamond American Fence Environmental Services Company San Marcos Santa Fe Springs No* No* N/R Exhibit 1 So Cal Quality Fence Sanitation Company City of Industry Paramount Yes Yes N/R 22K-3 ~. 22K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT AWARD FOR TRANSPORTATION SERVICES FOR THE SENIOR CENTERS (SPEC. NO. 09-036) ti.-~1/ // _ L/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract with JFK Transportation to provide transportation services for the Senior Centers for a one-year period, with provision for four, one year renewals in an annual amount not to exceed $40,000. DISCUSSION The Recreation and Community Services Agency (PRCSA) provides a full scope of senior services, including health and fitness classes, volunteer opportunities, medical and legal consultations, and home delivered and on- site meal programs. Additionally, PRCSA arranges daily transportation services between Senior's homes and the City's Senior Centers including daily shopping trips and monthly excursions to local venues. The vehicles make approximately 2,000 round trips a month and are specially designed to accommodate individuals with disabilities. The notice inviting bids was advertised on May 19, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 4 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on June 10, 2009, and evaluated (Exhibit 1) To evaluate costs, vendors provided quotations for representative transportation services that included various conditions and locations. The bid received from JFK Transportation, a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. The annual amount is based on staff's projection for the next year. 22L-1 Contract Award for Transportation Services July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Recreation & Community Services Community Affairs account (no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo~Mouet Executi e Director Parks, Rec. & Comm. Svcs. Agency GM/WO/09-036.8: ~~R~~~ Q '~ .~ Francisco Gutierre z ~~ Executive Director Finance & Mgmt. Services Agency 22L-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TRANSPORTATION FOR SENIOR CENTERS IFB 09-036 Vendor JFK Transportation Western Transit Company, Inc. Systems, Inc. Location Santa Ana Anaheim Cost Per Day For Three "Trips" Monday -Friday $135.00 $210.00 Vendor MV Transportation, Airport Inc. Connection, Inc. Location Fairtiefd Camarillo Cost Per Day For Three "Trips" Monday -Friday $227.03 $450.00 Exhibit 1 22L-3 22L-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 6, 2009 TITLE: CONTRACT AWARD FOR SATELLITE INTERNET CONNECTIVITY (BID SPEC. 09-039) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~' ~~z ,~!~_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Mobil Satellite Technologies to provide satellite Internet connectivity for command vehicles based upon the General Services Administration (GSA) contract in an amount not to exceed $196,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI)funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate appropriate equipment to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City for the fifth year. The City of Santa Ana has fiscal responsibility for the FY 07 grant for the Santa Ana/Anaheim Urban Area, which encompasses the 34 jurisdictions in Orange County. Over the course of the last three (3) years, UASI has funded, either partially or in full, the purchase of a fleet of mobile command post vehicles for the Operational Area. The vehicles are strategically placed throughout Orange County and are equipped with public safety 800MHz radio systems, cellular services, and consumer-level data services via Wi-Fi. To support reliable communications during a human-made or natural disaster, redundant communications - including plug-in landline phones, cellular air cards for data connectivity, and a plug-in capability to secure data via a building - were considered. However, during an emergency, public communication entities have proven to be untrustworthy and susceptible to system overload and wide-spread failures. 22M-1 Contract Award for Satellite Internet Connectivity (Spec. No. 09-039) July 6, 2009 Page 2 As a result of this inherent vulnerability and inadequacy, the Orange County Mobile Command Post Committee (OCMCPC), consisting of member agencies from Huntington Beach, Garden Grove, Santa Ana, Cypress, Los Alamitos, Seal Beach, Irvine and Anaheim, and the Orange County Sheriff's Department, agreed that the most reliable means for voice and data service redundancy is to utilize satellite data and voice-over Internet Protocol (VoIP) . The GSA contract with Mobil Satellite Technologies for satellite internet connectivity allows Homeland Security and law enforcement agencies to utilize federal contracts to purchase products and services related to Homeland Security on GSA Advantage. Mobil Satellite Technologies contract number GS-35F-0037U meets the requirements of the various member agencies and staff recommends Council approval of the action. FISCAL IMPACT Funds are available in the FY 2007 UASI Grant Fund account (no. 125-337- 6641-37112). APPROVED AS TO FUNDS AND ACCOUNTS: ~) II~ -~ ,fit; ~-- Paul M. Walters ~CFrancisco Gutierrez t~ Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/TO/09-039.7: 22M-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: CONTRACT AWARD FOR PLAZA DRIVE REHABILITATION BETWEEN SUNFLOWER AND MACARTHUR (PROJECT N0.09-1029-C) j'~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Hardy and Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $429,000 for construction of Plaza Drive Rehabilitation between Sunflower and MacArthur. 2. Approve a Funding Analysis with a total estimated construction cost of $536,200. DISCUSSION The segment of Plaza Drive from Sunflower Avenue to MacArthur Boulevard has been identified as a high priority by the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, driveways, local depressions, bus pads and sidewalks are also in various states of disrepair and require replacement. This project provides for construction of new street pavement, replacement of damaged concrete curbs, gutters, sidewalks, driveway approaches and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the street. The Notice Inviting Bids was advertised on May were opened on June 4 2009. A summary of th the bids received, and the bid results follow. 15 and 18, 2009, and bids e bid invitations mailed, 23A-1 Contract Award For 09-1029-C July 6, 2009 Page 2 Santa Ana Contractors receiving notices: 16 Contractors requesting bidding documents: 12 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Hardy and Harper, Inc. Santa Ana $429,000.00 2. R. J. Noble Company Orange $429,926.50 3. All American Asphalt Corona $433,000.00 4. Sequel Contractors Santa Fe Springs $487,835.00 5. EBS, Inc. Corona $525,000.00 6. Excel Paving Long Beach $556,274.25 A total of six bids were received and all were responsive. The lowest bid was submitted by Hardy and Harper, Inc., for $429,000, which is below the Engineer's estimate of $565,000. TNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER #2009-80 was filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $536,200 for the project (Exhibit 2.) Funds are available in the Traffic Congestion Relief Fund (account no. 28-552-6631). APPROVED AS TO FUNDS AND ACCOUNTS: v~ +y ~ ~ `~ James G. ss Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\07-06-09 09-1029 P1azaDrRehab 80 WD WA.docx 23A-2 N r z J Q V V1 NS ~N SUNFLOWER AVENUE LEGEND: ® PROJECT LIMITS EXHIBIT 1 SANTA ANA TITLE; j ~~, crrY couNaL CONTRACT AWARD FOR P W A Af~NDA DATE PLAZA DRNE REHABILITATION .~...,~ .R1LY 6.2009 SUNROWER AVENUE TO MACARTHUR BOULEVARD PUBLIC frORKS •GENCT (PROJECT N0. 09'1029-C) 23A-3 MACARTHUR BOULEVARD FUNDING ANALYSIS PROJECT NO. 09-1029-C PLAZA DRIVE REHABILITATION BETWEEN SUNFLOWER AND MACARTHUR Construction Contract $429,000 Contract Administration $9,300 Inspection and Testing $35,000 Survey Staking $20,000 Contingencies $42, 900 TOTAL ESTIMATED CONSTRUCTION COSTS 5536,200 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: AGREEMENT EXTENSION GRAFFITI TRACKER INC. ~' ~tiy--c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an agreement extension for one year with Graffiti Tracker Inc. to provide software and graffiti analysis in an amount not to exceed $120,000 for FY 2009/2010. DISCUSSION On February 5, 2007, City Council awarded a contract to Graffiti Tracker Inc. for examination, data entry and cataloging of the information from photographs of the graffiti taken by the abatement crew into a relational database accessible by the Graffiti Task Force. The Graffiti Task Force's efficiency has been significantly increased due to the Graffiti Tracker program. The amount of time it takes to remove graffiti and extract data from the system to assist in the criminal and investigative process has been reduced. Graffiti Tracker Inc. has successfully provided the services specified in the agreement and staff recommends approval of the one-year renewal. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25A-1 Agreement Extension Graffiti Tracker Inc. July 6, 2009 Page 2 FISCAL IMPACT Funds for this amendment in the amount of $120,000 for the period July 1, 2009 through June 30, 2010 are available in the Sanitation Fund (account no. 68-634-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James G. oss Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 6, 2009, by and between Graffiti Tracker, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007-037, dated February 5, 2007, (hereinafter "said Agreement") by which Consultant has provided graffiti analysis and tracking services. B. Said Agreement was amended by the parties on September 6, 2007, to provide additional compensation as the number of graffiti photos analyzed by Consultant was greater than originally estimated by the parties. C. Said Agreement was again amended on November 11, 2007 to provide unlimited site licenses for City access to the GAITS system, extend the term and provide compensation during the extended term. D. In order to continue to provide graffiti analysis and access to the GAITS system, and in accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the Term and increase Compensation pursuant to said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Consultant Agreement, the parties agree as follows: Section 1, "Contractor's Services", shall be deleted in its entirety and replaced with the following: a. "Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A-2, attached to this Third Amendment to Agreement, and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on anon-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed. b. Time of Performance. The services shall be performed in a timely manner and on a regular -basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement." z 25A-3 2. Section 4, "Term of Agreement", shall be deleted in its entirety and replaced with the following: "This Agreement shall commence February 5, 2007 and terminate June 30, 2010, unless earlier terminated pursuant to Section 13. The term may be extended upon mutual agreement of both parties." 3. Section 5, "Compensation", shall be deleted in its entirety and replaced with the following: "a. Commencing July 1, 2009, City agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B-2, attached hereto and incorporated by reference. b. The total compensation and costs payable to Contractor under this Agreement shall not exceed the sum of $120,000.00 during the 2009-2010 fiscal year, unless specifically approved by the City Council. Said fee is based on the number of photos analyzed weekly." 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement as of the date first written above. ATTEST: By: Patricia E. Healy City Clerk CITY OF SANTA ANA By: David N. Ream City Manager APPROVED AS TO FORM: .. Cftic~~,~ ~e~ Joseph letche City Attorney GRAFFITI TRACKER, INC. By: Timothy M. Kephart President 2 5A-4 EXHIBIT A-1 SCOPE OF SERVICES (July 1, 2009 through June 30, 2010) Graffiti Tracker Incorporated will establish a graffiti tracking methodology to assist the City and law enforcement officials to reduce graffiti vandalism in the City of Santa Ana. Contractor grants to City, a site license for access to the Graffiti Tracker system. Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals, and they will be granted an "Operator" level access to the GAITS system. This lease will be in effect for the duration of the contract. In addition, Graffiti Tracker Inc will continue to provide the following services, as set forth in the original Scope of Services, attached as Exhibit A to said Agreement: a. Train designated personnel to use digital, GPS camera(s) b. Establish graffiti tracking protocols, including a standardized method to determine square footage depicted in a photo. c. Provide limited customization of photo labeling, including reporting information such as whether it is a "Hot Line call", public/private property, square footage of graffiti, removal methods, and other memo fields as agreed between Consultant and City. d. Train personnel on proper photo uploading procedures. e. Analyze all graffiti data and make graffiti intelligence available via the Graffiti Tracker system. f. Provide access to the web based Graffiti Tracker program twenty-four hours a day, seven days a week until contract ends. g. Provide training to all designated personnel on how to utilize the Graffiti Tracker system. h. Submit a monthly report to the Contract Administrator setting forth the number of photos received from Santa Ana, those analyzed and duplicates deleted. The City of Santa Ana will receive all the above-mentioned services for 12 months during the amendment period, from July 1, 2009 through June 30, 2010. The Graffiti Tracker system is a web-based program. There is no software necessary to install. As a result, there are no restrictions to the number of users that may access the system. The above-mentioned package includes continual upgrades at no additional cost. 25A-5 EXHIBIT B-1 Price Estimate We estimate the City of Santa Ana to average in a range between 2,000 to 3,500 photos of graffiti per week. Based on an average of 14,000 photos per month, the total contract amount for the twelve-month time period commencing July 1, 2009 and ending June 30, 2010 will be $96,000.00. Effective upon the signing of this contract, an invoice for $48,000.00 will be submitted by the Contractor to the Contract Administrator. The second invoice will be submitted in January 2010. Payment should be processed and received no later than 30 calendar days from the date invoice is submitted. Commencing July 1, 2009, if the average number of photos submitted by City exceeds 14,000 per month, for three consecutive months, the Contractor may retroactively invoice City, an additional $2,000 per month for those months in which the total exceeds 14,000 photos. In such case, the maximum monthly charge to the City will not exceed $10,000. Contractor and City shall reevaluate the performance of this contract each June. That evaluation will include a calculation of the number of photos analyzed on a monthly basis during the prior year. Based on that evaluation, the parties may agree to adjust the contract price, however, Contractor will continue to set City's obligation at Contractor's next lower price level. Contractor will not be required to work on the following ten holidays 1. January 1 (New Year's Day) 2. The third Monday in January (Dr. Martin Luther King Jr. Day) 3. The third Monday in February (President's Day) 4. March 31st (Cesar Chavez Day) 5. The last Monday in May (Memorial Day) 6. July 4 (Independence Day) 7. The first Monday in September (Labor Day) 8. November 11 (Veteran's Day) 9. The fourth Thursday in November (Thanksgiving Day) 10. December 25 (Christmas Day) 25A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR AQUATICS PROGRAMMING ~~~-°-, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with the LA 84 Foundation in the amount of $50,000 for a one-year term to provide aquatics programming at City pools, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing a grant from LA 84 in the amount of $50,000 in the Recreation Special Fees and Donations revenue account (no. 22-01-5799) and appropriate same to the Recreation Special Fees and Donations expenditure account (no. 22-231-6291). 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the YMCA of Central Orange County in an amount not to exceed $57,000 for a one-year term, for the management and operations of aquatics programming at City pools, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The LA 84 Foundation (the Foundation) is a California nonprofit public benefit corporation organized for the purpose of aiding and assisting amateur sports programs. The Foundation has awarded a $50,000 grant to the City of Santa Ana Parks, Recreation and Community Services Agency, which will be partnering with the Santa Ana YMCA to accomplish the grant objectives. Under the grant agreement, the YMCA will operate and manage aquatics programming at Memorial Pool as well as the City-wide swim team and water polo activities at the City's five swimming pools, including Memorial, El Salvador, Jerome, Santa Anita, and Salgado. The majority of the summer aquatics programs will continue to be operated by City aquatics and recreation staff. 25B-1 Agreements and Appropriation Adjustment for Aquatics Programming July 6, 2009 Page 2 The YMCA of Central Orange County (YMCA) is a non-profit, 501(c)3 community service organization that has been conducting quality aquatic programming worldwide for more than a century. The YMCA will provide aquatic programs at Memorial, including recreation swim and swim lessons, comparable to what the City will provide at the other City operated pools, and will charge fees as approved by City Council and listed in the Miscellaneous Fee Schedule. The YMCA will handle the collection and management of program fees and will retain 100% of the revenue generated from Memorial Pool, the City-wide swim team and water polo programs. The City will provide an amount not to exceed $57,000 to the YMCA, which includes $50,000 from LA 84 and $7,000 from the Recreation budget to cover all contract costs. Through this partnership with LA84 and the YMCA, the City of Santa Ana will be able to provide the same level of service that the community has come to expect at a savings of $25,283. FISCAL IMPACT The appropriation adjustment will recognize $50,000 in grant funding from LA 84 in the Recreation Special Fees and Donations revenue account (no. 22-O1-5799) and appropriate same to the Recreation Special Fees and Donations expenditure account (no. 22-231-6291). Funds are available in the Recreation account (no. 11-275-6291) to cover the $7,000 contract balance. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet,f,' Executive Dir~ctor Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency 25B-2 ~~ LA84 Foundation Grant No. 21655 NON-CAPITAL GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by and between the LA84 FOUNDATION (the "Foundation") and CITY OF SANTA ANA (the "Grantee"). RECITALS A. The Foundation, a California nonprofit public benefit corporation, is organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs, primarily for youth, in the Southern California area and desires to make a grant to the Grantee in furtherance of that purpose. B. The Grantee is willing to accept such grant on the terms and conditions of this Agreement. TERMS & CONDITIONS In consideration of the facts recited above and the mutual covenants, conditions and representations set forth herein, the parties agree and covenant as follows: 1. Grant. Subject to the provisions of this Agreement, the Foundation hereby agrees to grant the sum of not more than $50,000 (the "Grant") to the Grantee for the purposes set forth on Schedule A attached hereto. The Foundation shall have no obligation, however, to segregate or set aside any funds or assets for the payment of the Grant. The Grantee shall use the Grant solely for the purposes, and for organizing, implementing and conducting the program (the "Program"), set forth on Schedule A attached hereto. Notwithstanding any other provision of this Agreement, the Grant shall be used only for charitable and educational purposes qualifying under Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended (the "Code"), and neither the Grant nor the income therefrom may be used for purposes other than those so described. Subject to the provisions of Paragraphs 3 and 8 herein, the Grant shall be payable as set forth on Schedule B attached hereto. The Grantee covenants that it will hold all unexpended amounts of the Grant in interest- bearing bank accounts with the bank or banks set forth on Exhibit B attached hereto. The Grant will commence on date of board approval January 28, 2009 and conclude one year later. 2. Program. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written proposal (the "Proposal") to the Foundation, which 25B-3 Proposal includes a description of the Program. The Grantee acknowledges that the Grant is expressly made in reliance on the Proposal and a review of financial information and a final budget submitted by the Grantee. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Proposal or in any other information or document submitted to the Foundation. Without the advance written consent of the Foundation, the Grantee shall not expend any part of the Grant or interest thereon whether for any purpose or item in excess of the amount budgeted for such purpose or item on the final budget for the Program submitted by the Grantee to the Foundation. 3. by the Foundation, in installments, to conditions: follows: Conditions to Grant. Except as such conditions may be waived in writing the Foundation's obligations to make the Grant and, if the Grant is payable pay each installment thereof shall be subject to each of the following (a) All necessary approvals and consents to the payment of the Grant shall, to the satisfaction of the Foundation, have been obtained and not revoked. (b) No legal, administrative or other proceeding shall be pending that questions the legality of the Grant. (c) The conditions set forth on Schedule C attached hereto shall have been fully satisfied. 4. Covenants of Grantee. The Grantee covenants with the Foundation as (a) To repay any portion of the Grant which is not used for the purposes of the Grant. (b) To submit to the Foundation full and complete at least periodic reports, not less frequently than annual, on the manner in which the Grant is spent and the progress made in accomplishing the purposes of the Grant. (c) To maintain records of receipts and expenditures and to make its books and records relating to the Grant available to the Foundation at reasonable times. (d) Not to use any of the Grant (i) to carry on propaganda, or otherwise to attempt, to influence legislation (within the meaning of Section 4945(d)(1) of the Code), (ii) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of Section 4945(d)(2) of the Code), (iii) to make any grant which does not comply with the requirements of Section 4945(d)(3) or (4) of the Code or (iv) to undertake any activity for any purpose other than one specified in Section 170(c)(2)(B) of the Code. (e) In the performance of this Agreement, the expenditure of the Grant and the organization, implementation and conduct of the Program (i) to comply with all applicable laws, regulations and union agreements to which it is bound and (ii) not to discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry or political affiliation. 2~B-4 (f) Without the prior written approval of the Foundation, and except for salaries specifically identified in the Proposal, not to transfer or pay, whether or not for value, any portion of the Grant to (i) any person or entity who directly or indirectly controls, is controlled by or is under common control with the Grantee, (ii) any person or entity who is an officer, employee, partner or trustee of, or serves in a similar capacity with respect to, the Grantee or (iii) any person or entity of which the Grantee or any of its officers, employees, partners or trustees is the beneficial owner of 5% or more of the equity interests therein. 5. Representations of Grantee. The Grantee represents and warrants to the Foundation that: (a) The Grantee, a charter city and municipal corporation, is located at 20 Civic Center Plaza(M-84), P.O. Box 1988, Santa Ana, CA 92702 duly formed, validly existing and in good standing under the laws of the State of California, and has the legal power and authority to conduct its business, to own its properties and to execute and deliver, and to perform its obligations under, this Agreement. (b) This Agreement has been duly authorized, executed and delivered by the Grantee, and constitutes a legal, valid and binding obligation of the Grantee for the benefit of the Foundation. (c) All proceedings legally required to be taken by the Grantee in connection with the authorization of this Agreement and of the transactions related thereto, and all approvals, authorizations, consents and other orders of public boards or bodies as may be legally required to be obtained by the Grantee prior to the date hereof with respect to all or any of such matters, have been taken or obtained. (d) The execution and delivery of this Agreement by the Grantee, and the performance by the Grantee of its obligations hereunder, do not (i) violate any provisions of the Articles of Incorporation, Bylaws or other governing instrument of the Grantee, (ii) violate any law, rule or regulation having applicability to the Grantee or any order, writ, judgment, decree, determination or award to which the Grantee is a party or (iii) result in the breach of or constitute a default under any agreement, lease or instrument to which the Grantee is a party or by which the Grantee is bound. (e) No audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board or the Attorney General of any state with respect to the Grantee or any affiliated organization, and no legal, administrative or other proceeding is pending that questions the legality of the Grant, except as is disclosed on Schedule C attached hereto. 6. Publicity. All promotional and advertising materials, including announcements, brochures, publications, films, videotapes, exhibitions and visual materials, produced or authorized by the Grantee relating to the Program shall, to the extent directed by the Foundation, give credit to the Foundation at least as prominent as that given any other person, organization or entity which makes a grant or contribution of funds to the Grantee. The Foundation shall have the right, but not the obligation, to review in advance and approve the contents of all press announcements issued by the Grantee, the planning of all press events, and the contents of all promotional and advertising materials relating to the Grant and the Program. The Foundation may, in its discretion, also publish and distribute promotional 2vB-5 materials relating to the Program and the Grant. The Grantee shall have no right to use any symbol, logo, trade name or trademark of the Foundation without the Foundation's advance written consent. 7. Reports and Records. The Grantee agrees to submit such reports, in addition to the reports required under Paragraph 4(b) hereof, as may be requested by the Foundation, in such form as the Foundation may prescribe at reasonable intervals, relating to the Grantee's performance of or ability to fulfill its obligations under this Agreement. Notwithstanding the foregoing, the Grantee shall timely submit such reports as are described on Schedule D attached hereto. The Grantee shall maintain complete, accurate and current records of all income and expenses relating to the Program and the Grant. During the term of this Agreement and at any time within five (5) years thereafter, the Grantee shall make such records available upon request to the Foundation for review, copying and audit. In addition, the Grantee agrees to cooperate fully with the Foundation, and to allow the Foundation and any person designated by it full and complete access to the facilities, activities and operations of the Grantee, for the purpose of auditing, monitoring and evaluating the Program, the Grant and the compliance of the Grantee with the terms and conditions of this Agreement. 8. Termination. The Foundation shall have the right to terminate this Agreement and the Grant at its sole and absolute discretion, with or without cause. Upon termination of this Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. In the event the termination is pursuant to a determination by the Foundation that the Grantee (a) has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Proposal or otherwise in regard to this Agreement or the Grant, (b) has diverted any payments made under this Agreement to a purpose other than that permitted hereunder, (c) has failed to maintain or provide any material records or reports required to be maintained or provided hereunder or (d) has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Program, the Foundation may require the Grantee to refund any or all payments of the Grant heretofore made. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive. 9. No Liability. The Grantee shall indemnify, defend and hold the Foundation harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of or incident to the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Program or any other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Program or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto. The Grantee covenants that all contracts to which it shall become a party in regard to the Program and/or the Grant shall include the following clause: 2~B-6 "It is expressly agreed and understood that neither the LA84 Foundation (the "Foundation") nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement." 10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker's compensation, automobile and comprehensive general liability insurance, with respect to the conduct of the Program and all other programs and activities of the Grantee and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured, except as expressly set forth on Schedule C attached hereto. Upon demand of the Foundation, the Grantee shall furnish the Foundation the policy or policies of insurance or a certificate of insurance or either written evidence satisfactory to the Foundation, evidencing the insurance carried by or otherwise benefiting the Grantee. The Grantee covenants that it will cause the Foundation to be added as an additional insured on all policies of insurance carried by the Grantee. 11. Other Provisions. This Agreement and the Proposal together constitute the entire agreement of the parties with respect to the subject matter hereof, and the provisions hereof and thereof have superseded any and all prior and contemporaneous agreements or understandings relating to the matters specifically addressed herein or therein. Failure or inability of either party to enforce any right hereunder shall not waive any right with respect to any other or future rights or occurrences, nor shall waiver of any condition or right in any instance be deemed a waiver of any condition or right in any other instance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. This Agreement and the Grantee's rights, duties and obligations hereunder may not be assigned by the Grantee without the prior written consent of the Foundation. Any attempt at assignment shall be void and a material breach of this Agreement by the Grantee. This Agreement has been negotiated, executed and delivered and will be performed in the State of California and shall be governed by and construed in accordance with its laws. The Schedules attached hereto are incorporated herein by reference and made a part of this Agreement as if fully set forth herein. 12. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the Foundation and by the Grantee. Notwithstanding the foregoing, modifications to the scope of the Program, alterations in the funding schedule, revisions to the Proposal and other changes to the terms and conditions of this Agreement set forth on the Schedules attached hereto may be effectuated by the substitution of replacement Schedule(s), provided that such replacement Schedule(s) are executed by both the Foundation and the Grantee. 2~B-7 13. Termination of Grant. The Grantee covenants to execute and deliver to the Foundation a termination letter in the form attached hereto as Exhibit "1" upon completion of the program. IN WITNESS WHEREOF, the parties have executed this Grant Agreement on .2009. GRANTEE: CITY OF SANTA ANA BY: David N. Ream City Manager FOUNDATION: LA84 FOUNDATION BY: Anita L. DeFrantz President Attest: BY: Patricia E. Healy Clerk of the Council Approved as to form: BY: Joseph W. Fletcher City Attorney 2~B-8 SCHEDULE A DESCRIPTION OF PROGRAM AND PURPOSES: The purpose of this Grant to City of Santa Ana is to provide support for personnel, scholarships and equipment for learn-to-swim lessons, swim team and water polo programs that benefit the youth of the City of Santa Ana. The grant will provide support for 150 youth (unduplicated). The program description and budget are attached hereto and incorporated herein by this reference. 2P51B-9 SCHEDULE B The funding schedule set forth below constitutes an estimate of the Grantee's need for funds based upon the Proposal. The amounts and timing of the payment of installments of the Grant as set forth in such funding schedule are subject to change, in the discretion of the Foundation, in the following circumstances: 1. Reports required by Paragraph 7 of the Grant Agreement and/or by Schedule D attached thereto are not submitted in a timely manner or with all required information. 2. The Program is modified, enhanced, reduced or otherwise altered in any substantive manner without the prior written approval of the Foundation. 3. The Foundation determines that cost savings may be achieved through utilization of other resources or the Foundation's purchase requisition procedures for equipment and other items required by the Program. 4. The Grant is terminated pursuant to Paragraph 8 of the Grant Agreement. FUNDING SCHEDULE: Amount Date Amount requested by submission of Progress Reports to be reviewed and approved by Foundation prior to payment authorizations. The total grant funds released based on Grantee submitted Progress Reports may be less than the approved grant, but in no case will the total payment exceed $50,000. BANK(s) IN WHICH GRANT FUNDS ARE TO BE HELD: ACCOUNT #: (insert information here) BANK NAME AND ADDRESS: (insert information here) MAIL CHECK TO: City of Santa Ana c/o Jenny Rios, Recreation Superintendent 20 Civic Center Plaza M-84 P.O. Box 1988 Santa Ana, CA 92702 ~~B-~ o SCHEDULE C ADDITIONAL CONDITIONS PRECEDENT TO GRANT: The Foundation shall be named as an additional insured on the Grantee's policy and provide Foundation with a certificate of insurance. PENDING LITIGATION AND OTHER PROCEEDINGS: Grantee warrants that there is no pending litigation or other proceedings. UNINSURED RISKS: Grantee further represents and warrants that there are no uninsured risks the occurrence of which would have a material adverse affect on the program. 2~5~-11 SCHEDULE D REPORTS TO BE FURNISHED: PROGRESS REPORTS* A. Interim Progress Reports due: July 15, 2009 II. FINAL REPORT** A. Final Report due: October 16, 2009 Progress Reports must include, at a minimum, a written narrative addressing the progress of all phases of program development and a detailed accounting of expenditures to date and any available statistics or evaluative data on the program. Progress Report forms will be supplied. ** Final Report must be a complete review and report of the program including all statistical data, evaluation results expenditures. Final Report forms will be supplied. ~51B-12 SCHEDULE E OTHER TERMS AND CONDITIONS: The LA84 Foundation shall have the right to approve all publicity in advance of publication and Grantee shall submit to the Foundation any proposed materials for approval prior to their release. All temporary or permanent signage shall be recommended and approved by Foundation. Foundation and Grantee shall mutually agree on proper name recognition for Foundation on equipment purchased with grant funds. Grantee shall participate in the Foundation's Coaching Program by making arrangements with the Foundation for the Grantee's coaches to attend a coaching workshop. Arrangements by Grantee shall be coordinated with Foundation prior to the beginning of each sport season and is a requirement prior to the release of second payment. 2~~-13 SAMPLE EXHIBIT "1" Termination Letter -- Non-Capital Grant Agreement Grantee Name Address Re: Grant # Dear Sir or Madam: This letter has reference to that certain Grant Agreement [the "Grant Agreement"] and any modifications or alterations thereto dated (insert date) between the LA84 Foundation (the "Foundation") and the Organization Name (the "Grantee"). Capitalized terms used herein without further definition have the meanings specified in the Grant Agreement. In consideration of the payment by the Foundation of the final installment of the Grant under the Grant Agreement: 1. The Grantee hereby reaffirms all of its executory obligations and duties under the Grant Agreement, including, but not limited to, its obligation to indemnify, defend and hold the Foundation harmless from liabilities and losses pursuant to Paragraph 9 of the Grant Agreement, without setoff or other defense. 2. The Grantee represents and warrants that, in the performance of the Grant Agreement and in the planning, arrangement, implementation, sponsoring and conduct of the program, no losses, injuries or damages were sustained by or to any person or property that have not been reported in writing to the Foundation. 3. The Grantee represents and warrants (a) that no audit, investigation, proceeding or other inquiry is pending by the internal Revenue Service, the Franchise Tax Board, the Attorney General of any state or any other governmental agency with respect to the Grantee or any affiliated organization and (b) that no legal, administrative or other proceeding is pending that concerns the Grant or the Program. 4. The Grantee acknowledges and confirms (a) that, upon payment of the final installment of the Grant, the Foundation has no further duty or obligation to the Grantee and (b) that no officer, director, employee or other representative of the Foundation had made any statement, representation or warranty that the Grant will be renewed or extended. 5. The Grantee represents and warrants that all promotional and advertising materials produced or authorized by the Grantee relating to the Program have given appropriate credit to the Foundation as required by the Grant Agreement. The Grantee confirms that all future promotional and advertising material produced or authorized by the Grantee relating to the Program will give appropriate credit to the Foundation as required by the Grant Agreement. 6. The Grantee represents and warrants that all contracts to which it has become a party in regard to the Program and/or the Grant are listed on Annex A attached hereto and include the language required by Paragraph 9 of the Grant Agreement. 7. The Grantee represents and warrants that the Grant has been expended solely for the purposes set forth in the Grant Agreement. 8. The Grantee agrees to repay any portion of the Grant which is not used for the purposes set forth in the Grant Agreement. The Foundation shall be entitled to rely on the foregoing representations, warranties, confirmations, acknowledgments and agreements in disbursing the final installment of the Grant. Sincerely yours, Organization Name EXECUTED BY: TITLE: 25B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC FOR CELLULAR ANTENNA AT ROSITA PARK CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1St Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the attached lease agreement with Omnipoint Communications Inc (T-Mobile) for installation of a stealth monopole sports lighting antenna and equipment building at Rosita Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $23,040 in the Capital Outlay Fund Recoveries account (no. 51-O1-5799) and appropriate same to the Capital Expenditure account (no. 51-250-6631). 3. Receive and file Categorical Exemption for Environmental Review Nos. 2008-241 (Rosita Park). BOARD OF RECREATION AND PARKS Recommended denial of lease agreement with Omnipoint Communications Inc. (T-Mobile) for installation of cellular equipment building and sports lighting monopole cell tower at Rosita Park, at their meeting of May 20, 2009, by vote of 5:1:2. DISCUSSION Omnipoint Communications Inc (T-Mobile) is proposing the installation of a stealth monopole sports lighting antenna at Rosita Park to improve their communication reception in the area. On November 18, 2008, staff presented T-Mobile's proposal to the Riverview West Neighborhood Association. Staff addressed concerns related to health/safety issues, maintenance responsibility, and a neighborhood request for a block wall on the south property line of Rosita Park as a possible park improvement. The community voted and unanimously approved the T-Mobile cell tower at Rosita Park, under the condition that the block wall be installed as part of the 25C-1 Lease Agreement with Omnipoint Communication Inc. July 6, 2009 Page 2 project. After months of negotiation and review of bids obtained by T- Mobile for the construction of the block wall ($100,000), they indicated that the cost of the block wall would make the project economically unfeasible. Given the City's fiscal situation, the City is not in the position to provide additional funding to share in the cost of the project. On May 20, 2009, the proposal was presented to the Board of Recreation and Parks with a staff recommendation to approve the lease with Omnipoint Communications (T-Mobile). The Board of Recreation and Parks heard public comments requesting the block wall be part of the improvements and discussed the issues. The Board recommended denial of the lease with Omnipoint Communications and requested staff communicate with the neighborhood association on the actions taken. Since the next meeting of the neighborhood association is in the month of July, staff communicated with the neighborhood association board on July 16, 2009 regarding the Board recommendation. The Neighborhood Association Board believes there should be some type of compromise to have the wall installed. However, Omnipoint Communications has indicated that the proposed site improvements are too costly and they are not interested in furthering negotiations at this time. In addition, given the City's current fiscal condition, staff believes that the proposed agreement would provide a reliable long term revenue source to fund park maintenance activities. The revenue from this lease is $2,400 per month ($28,800 per year). The lease term is for 10 years, with three 5 year extension options. The City's consultant (ATS Communications) will receive 20 percent ($5,760) of the revenue annually for assisting in the negotiations and construction administration of the lease agreement. The agreement also includes a 4 percent per year increase for the term of the lease. T-Mobile will provide all the proper insurances and obtain the necessary City permits prior to construction. The terms of this agreement is similar to other City cell tower agreements. The lease agreement with Omnipoint Communications, Inc. (T-Mobile) is for a 300 square feet lease area (15' X 20' equipment room). T-Mobile indicated they will design a 15 by 40 feet equipment building to provide space for a future carrier, but only construct half the building. The cell tower revenue was originally intended to address deferred maintenance in the park affected by the cell tower. Due to the City's current economic situation, future cell tower revenues will now be used to fund park landscape maintenance City-wide. 25C-2 Lease Agreement with Omnipoint Communication Inc. July 6, 2009 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2008-241 (Rosita Park) will be filed for this project . FISCAL IMPACT This appropriation adjustment will recognize $23,040 in the Capital Outlay Fund Recoveries account (no. 51-O1-5799) and appropriate same to the Capital Expenditure account (no. 51-250-6631) for landscape maintenance of City parks. APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet ' Executive Dire for Parks, Recreation and Community Services Agency Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 25C-3 25C-4 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS, INC. for (Rosita Park) This Agreement, made this 6th day of July, 2009, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Rosita Park (the entirety of LESSOR'S property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 706 N. Newhope, Santa Ana CA,92703, and being described as a fifteen foot (15') by twenty foot (20') space on the ground containing three hundred (300) (square feet, for LESSEE'S radio equipment cabinets , and space required for cable runs to connect LESSEE'S equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty-eight thousand, eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand, four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE'S Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this agreement or the first day of the month following the date LESSEE commences 25C-5 installation of LESSEE'S Facilities on the Premises, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one- time, non-recurring, non-refundable payment equal to one month's rent, within thirty (30) days after the Commencement Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities, within 6 months after the full execution of this agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein as follows: (i) Six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and 25C-6 engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE'S Facilities (defined below), LESSEE shall obtain LESSOR'S approval of LESSEE'S work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR'S receipt of LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE'S plans. 10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE'S sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its 25C-7 equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE'S Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE'S Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE'S employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE'S Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. INDEMNIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability (``Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR'S Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, 25C-8 agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Existing Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE'S Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. 25C-9 Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE'S written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE'S transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR'S public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE'S Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE'S Facilities. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR'S option in its as-is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and 25C-10 record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of--way herein granted shall be under and subject to the right of LESSEE in and to such right-of--way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE'S Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR'S title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure -LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE'S Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE'S indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR 25C-11 from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE'S Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE'S Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR'S real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE'S Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 25C-12 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT AND CO-LOCATION. a. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE'S FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE'S property. b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co- location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property. Further, LESSEE shall enter into a TOWER LEASE AGREEMENT, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co-location user, subject to LESSOR receiving eighty percent (80%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR'S consent on any TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co-location agreement. Additionally, LESSEE shall deliver to 25C-13 LESSOR a copy of any Inter-carrier Co-location Agreement which relates to the Premises. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Courtesy City of Santa Ana -Office of the City Copies to Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22651 Lambert Street, Suite IOlA Lake Forest, California 92630 Attn: Tony Ingegneri LESSEE: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, Washington 98006 Attn: PCS Lease Administrator Copy to: Omnipoint Communications (Site #LA33321C) 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 Attn: Lease Administration Manager Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 25C-14 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE'S Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE'S Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR'S proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE'S Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period. 25C-15 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non- defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting parry has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such 25C-16 compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance 25C-17 subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE /REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non-appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third 25C-18 party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE'S equipment and LESSEE'S Facilities, except in cases of exigent circumstances or emergency situations. /// /// /// /// /// 25C-19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager OMNIPOINT COMMUNICATIONS, INC. By: LAURA SHEEDY Assistant City Attorney By: Printed Name: Its: Date: 25C-20 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: All that certain real property located in the County of Orange, State of California, being more particularly described as follows: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WESTERLY 659.73 FEET MEASURED ALONG THE NORTHERLY LINE THEREOF. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN A STRIP OF LAND 70.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF BOLSA AVENUE AND NEWHOPE STREET AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 39 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89°34'42" WEST 1286.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH O°23'50" EAST 815.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1500.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 1225.21 FEET THROUGH A CENTRAL ANGLE OF 46°47'58"; THENCE NORTH 47°11'48" EAST 1114.51 FEET TO THE CENTER LINE INTERSECTION OF HAZARD STREET AND NEWHOPE STREET AS SHOWN ON SAID RECORD OF SURVEY MAP. EXCEPTING THEREFROM AN UNDIVIDED INTEREST IN THE WELL AND PUMPING PLANT LOCATED ON SAID LAND, DESCRIBED IN THE AGREEMENT BETWEEN W.D. SLOAN AND E.H. JACKSON RECORDED MARCH 31, 1926 IN BOOK 638 PAGE 363 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. End of Legal Description LESSOR INITIALS: LESSEE INITIALS: 25C-21 EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE'S Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE'S intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See attached drawings dated 3/30/09 and indentified as Site Name: Rosita Park Lt. Standard, Site #: LA33321C, sheets T-1, T-2, T-3, F-1, A-1, A-2, A-3, A-4, A-5, A-6, GN-1, S-1, S-2, S-3, E-1, E-2, E-3, E-4, E-5, and Topographic Survey dated 02/09/09, sheets C-1 and C-2, and Irrigation and Planting Plan dated 03/04/09 sheets L-1 and L-2. LESSOR INITIALS: LESSEE INITIALS: 25C-22 _J I iz Q Z i i ~ i i i w ~ a a_ a 3 ~r ~ ` y 33m~ O ~ ~ Q O ~ y2 Q ~ u. O o ~~o~ ~ u N a r ~ ~ M P T. ~~~ O x~ m v~ o ~ _ U 5 _ w ~ ~ ~ ~ ~ ~ a~ ~ ~Sm~°' Q J ~ °o ~ ~ ~ ~ ~ ~ ~ Z ~ ' w~~ $~ . 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' ~ Q T ° 8 ccr e J ~ ° " ~~ a .•.,, o N as ~a :~- ~ ~ ~ ~` _ s ~ 8~~~ ~~ ~ N ^~ ~~ _=: ~ ~ ~ ~c7 g s~ ~ ~ m °u F m ?V t- JI m` 'o ~ ~ = J r ~Q `J ~ 8 a ~ ~ u u V ~ .3 ^ o o x W '~ ~ Q a ~ ~ o + + + + + + + `~~ + + + ~ + vi ~ ~ m ~~ i + - + '. + __-_ _- _ _ n 6 ~ Q w ~ E 7 ~ z=- . w ~_ ~ ~ - 00 0'700 c_~,'.; a __ 4 \ p ~w 4 /4 t \,.. ,. w c `S R ~ °i ~ ~ w '. 'Y -~ G ~ ~ 3t ~ ~ = „ . ~ ~ _ _ S S i' ~ ~ 7 ~` ~ k' ~ ~ ~ t ~ ~ T ',~ ~ ~ ~ ~ , a 3 ~ ~ ~ K ~ ~ ~ Y s ~ ~ 5 ~ t ~ 5 6 r ~ ~ 3 ~ ~ ~~ ~ tt ~ 3 _ ~ Y j ~ ` ? ~ y ~ h ~ ~ y ~ ~ ' Q -3 ~ F ° ~ 2 ~ ~ g~ -~ l ~' ~~ ~ ~ ~~ ~r~ ~~ ~ ~ F z ~ a ~ ~ ~ ~ ~ ~ ~ S ~' ~ ~ ~ G - Y Y 3 ~ 7 X, Z ~ ~ to ~sT 3~ - J - - - - - a. 25C-45 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25C-46 EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on-site, parking, gates, etc. 4. For purposes of describing the Premises and LESSEE Facilities only, LESSEE will design a 15ft X 40ft equipment building on the west side of Rosita Park ball fields, south of the handball court. LESSEE will construct half of the designed building (a 15ft X 20ft room) which it will lease, to locate its equipment. LESSOR reserves that portion of the Property upon which the other half of the building will be located, and it shall not be part of the Premises or LESSEE Facilities. LESSOR retains the right to lease the reserved space to a second communications provider as set forth in Paragraph 25.b. of said LEASE. 25C-47 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: Santa Ana Parks, Recreation and Community Services Agency Ron Ono Address: 20 Civic Center Plaze (M-23) Santa Ana, CA 92702 Daytime Phone No.: 714-647-4220 Facsimile No.: (714) 571-4209 24-Hour Contact No.. Dispatch Center: N/A ATS Communications Tony Ingegneri 22651 Lambert Street, Suite IOTA Lake Forest, CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACTS: Name: Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.. Dispatch Center: 25C-48 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 200_ by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and , a corporation ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 706 N. Newhope, Santa Ana, CA, 92703, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor 200_, and incorporated herein by reference (the "Agreement") for an initial term often (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: City of Santa Ana By:_ Title: Address [FORM DOCUMENT, PLEASE INITIAL ONLY -NOT FOR EXECUTION] Owner Initials Lessee Initials 25C-49 25C-50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: July 6, 2009 TITLE: AMENDMENT TO AGREEMENT N-2008- 108 FOR UNDERGROUND FUEL TANK INSPECTION & MAINTENANCE WITH PACIFIC SYSTEMS ELECTRIC APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For ,~ ~~~.sfi CIT MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Pacific Systems Electric to extend the term for another year, and increase the amount an additional $45,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City maintains 11 underground fuel storage tanks, located at the Corporate Yard, the Police Administration building, and Fire Stations 1 and 5. State law requires the secondary fuel containment testing be conducted every three years. In addition, the South Coast Air Quality Management District (AQMD) requires monthly testing and an annual inspection of the underground fuel tanks. The City is required to address any issues identified in the testing and inspections. On August 18, 2008, the City entered into an agreement with Pacific Systems Electric for $25,000 for the inspection, preventive maintenance and repair of the storage tanks. An inspection resulted in additional repairs, costing approximately $10,000. The recommended action will extend this contract for another year for an amount of $35,000, and pay outstanding invoices for the necessary repair work. 25D-1 Agreement for Underground Fuel Storage Inspection July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Department Building and Facilities account (no. 11-350-6291) Fire Department Maintenance account (no. 11-327- 6291); and Building Maintenance account (no. 73-105-6291). ~~y ~i~~~~ e `ter J~ ~ ~ `lam c~'[~ Francisco Gutierrez ~%~ Executive Director I, Finance and Management Services Agency 25D-2 AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 6~' day of July, 2009, by and between Pacific Systems Electric ("Contractor") and the City of Santa Ana ("City"), collectively referred to herein as "the Parties". RECITALS: A. The Parties entered into Agreement #N-2008-108, dated August 18, 2008, hereinafter referred to as "said Agreement", for inspection and preventive maintenance of underground fuel storage tanks. B. During the term of said Agreement, Contractor performed Secondary Containment Testing of the underground tanks, as required by the state. That testing revealed necessary repairs for several of the tanks. The parties wish to amend said Agreement to provide compensation for the required testing and repairs which were not included in the scope of said Agreement. C. The Parties wish to continue the inspection program for an additional one-year term and provide funds should repairs be required during that term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: Section 1, ``Scope of Services", is deleted in its entirety and replaced with the following: "a. Contractor shall perform annual compliance testing and repair/replacement services for the City's Underground Storage Tanks, as set forth in Contractor's Proposal dated June 10, 2009, attached hereto as Exhibit A, and incorporated by reference. If such testing reveals that repairs are required to any UST, said repairs may be authorized, in writing, by the Executive Director of Finance and Management Services. b. Contractor has performed Secondary Containment Testing, and provided required repairs as set forth in Contractor's letter dated April 23, 2009, attached hereto as Exhibit B, and incorporated by reference. City authorized such testing prior to the provision of services and hereby authorizes payment for those services." Section 2.a, "Compensation", is deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its annual compliance testing and repair/ replacement services, the rates and charges identified in Exhibit A. The maximum amount available for annual compliance testing and repairs shall not exceed $20,000.00, to continue the monthly and annual inspections through August 31, 2010, and provide a contingency for unanticipated repairs required during the extended term. Additionally, City authorizes payment of $25,000.00 for Secondary Containment Testing and repairs which were completed in the 2008-09 fiscal year, as set forth in Exhibit B." 3. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through August 31, 2010. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. /// /// 25D-3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: La ra Sheedy Assistant City Attorn CITY OF SANTA ANA DAVID N. REAM City Manager PACIFIC SYSTEMS ELECTRIC NAME: Title: 25D-4 June 10, 2009 CITY OF SANTA ANA 20 Civic Center Plaza M-11 Santa Ana, California 92702 Attn: Mr. Mario Ghizzi, Subject: Proposal, Annual Compliance Testing Designated Tank Owner/Operator Service Location: City of Santa Ana UST's Corporate Yard, Fire Depts., Police Dept. Dear Mr. Ghizzi, This proposal is submitted per your request to address all UST annual compliance testing to include designated tank owner/operator monthly inspection and training services required by regulation. Cost of each service is detailed by City Department location. PSE will provide the services described below for each City Department location: ANNUAL MONITORING SYSTEM CERTIFICATION To comply with the City of Santa Ana Fire Dept and the California State Water Resource Control Board regulations Pacific Systems Electric a licensed general contractor with equipment certifications qualified to conduct repairs, calibrations and installations of all system equipment will perform the annual leak detection testing and certification of equipment at each of the locations described below. Each location's leak detection monitoring system shall be tested, mechanical line leak detectors and fill spill buckets water tested as required. The State Water Resource Control Board testing report form shall be completed following the equipment manufactures testing protocol. Copies of the form shall be provided for your file and supplied to Inspector Chris Circaulo, Santa Ana Fire Dept, the local CUPA. Arrangements with SAFD to witness testing and notification will be made upon confirmation of date with the designated contact at each location. ANNUAL VAPOR RECOVERY TESTING To comply with the South Coast Air Quality Management District and the California State Air Resource Board, Pacific Systems Electric a licensed SCAQMD test company will provide Rule 461 Vapor Recovery Testing that is required once a year for the unleaded pump system at each location. PSE shall provide the required testing to include TP201.3, Leak Decay and TP201.4 Back Pressure/Blockage and all other testing required that is specific to each site configuration. Testing will also include new installed Enhanced Vapor Recovery equipment tests. PSE will notify the SCAQMD of test date and email test results to the SCAQMD as required. Copies of test results will be supplied for each locatio}~' ~f}~, c 1J LJ -J ~ pp ~ a ~_~ ~ -~ '~ 3.ar ? i ~~ : 1 DESIGNATED TANK OWNER /OPERATOR SERVICES PSE will provide monthly inspection services and annual training as Designated Operator for each location per SWRCB regulation. Each location will include the following monthly inspection protocol. Plus, a plan specific to each location will be developed to include additional inspection items at the discretion of PSE to supplement these items: 1. PSE will send a letter to the Local Agency that identifies this firm as the designated tank operator for each City Dept UST location and that the UST's are in compliance with all applicable underground storage tank requirements. 2. PSE will provide a copy to each location to be kept with the tank log records of a Certificate indicating completion of the California UST System Operator exam. 3. PSE will perform monthly visual inspections of all UST systems at each location. Results of inspection shall be recorded in a monthly inspection report form that will include the following items that will be supplemented as indicated above: A. Review alarm history report for the previous month, checking that each alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarms(s), shall be attached to the monthly visual inspection record. B. Inspect for the presence of hazardous substance, water, or debris in spill containers. C. Inspect for the presence of hazardous substance, water, or debris in under dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity. D. Inspect for the presence of hazardous substance, water, or debris in containment sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity. E. Check that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred. F. Verifying that all facility employees have been trained in accordance with subdivision 2715(f) of Title 23, SWRCB regulation. 4. PSE will provide each location with a copy of each monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow up actions. 5. PSE will train the facility employees responsible for the UST operations in the proper maintenance and operation of the UST system annually as required by regulation. Newly hired facility employees shall be trained within 30 days of the date of hire. 25D-6 City of Santa Ana Corporate Yard Annual Monitoring System Certification (3) Monitor Systems $ 490.00 Annual Vapor Recovery Rule 461 Testing Veeder Root Carbon Canister Vapor Polisher EVR System $1080.00 Monthly Designated Operator Inspection Training Services $200.00/ Month $2,400.00 Total $3,970.00 City of Santa Ana Police Department Annual Monitoring System Certification $375.00 Annual Vapor Recovery Rule 461 Testing $650.00 Monthly Designated Operator Inspection Training Services $165.00/Month $1,980.00 Total $3,005.00 City of Santa Ana Fire Stations #1, 4 & 5 Annual Monitoring System Certification Each Station $325.00 $ 975.00 Annual Vapor Recovery Rule 461 Testing Healy EVR FS# 4 & 5 only Each Station $650.00 $1,300.00 City of Santa Ana Fire Stations #1, 4 & 5 Monthly Designated Operator Inspection Training Services Each Station $85.00/Month $3,060.00 Total $5,335.00 Total UST Compliance Inspections & Testing for One Year $12,310.00 Subject: Proposal, Fuel System Replacement Components Location: City of Santa Ana UST's Corporate Yard, Fire Depts., Police Dept. The items listed below are components of the leak detection systems at the various City underground fuel storage tank system locations that at some time may require replacement during normal system maintenance. Included also for your review are common vapor recovery equipment parts that may also require replacement. City of Santa Ana Corp Yard Veeder Root Leak Detection S stem Tank Interstitial Sensor $577.59 Piping Sump Sensor $228.33 VMI Mechanical Line Leak Detectgr~D_~ $354.39 Vapor Recovery System VST 7' Coaxial EVR Venturi Hose $179.55 VST Break Away Device $124.23 VST EVR Nozzle $414.48 Husky Pressure Vacuum Vent Cap 5885 $247.39 Diesel Fuel Svstem OPW Diesel Nozzle $119.06 Husky 3/a" Hose Break Away Device Diesel $125.15 Goodyear 3/4" x 9' Diesel Fuel Hose $ 62.98 Goodyear 3/4" x 6' Diesel Fuel Hose $ 44.76 Police Dept INCON Leak Detection Svstem Tank Electro-optical Sensor $378.46 Piping Liquid Sump Sensor $265.74 ya~or Recovery System Healy Standard 8' Coaxial Hose $168.25 Healy Standard 4' Coax Hose $112.91 Healy Break Away Device $144.21 Healy 900 Series EVR Nozzle $468.40 Husky Pressure Vacuum Vent Cap 5885 $247.39 Fire Station # 1 Veeder Root Leak Detection System Tank Interstitial Sensor $577.59 Piping Sump Sensor $228.33 VMI Mechanical Line Leak Detectors $354.39 Diesel Fuel Svstem OPW Diesel Nozzle $119.06 Husky 3/a" Hose Break Away Device Diesel $125.15 Goodyear 3/a" x 9' Diesel Fuel Hose $ 62.98 Goodyear 3/a" x 6' Diesel Fuel Hose $ 44.76 Fire Station # 4 Veeder Root Leak Detection System Tank Interstitial Sensor $577.59 Piping Sump Sensor $228.33 Vapor Recovery System Healy Standard 8' Coaxial Hose $168.25 Healy Standard 4' Coax Hose $112.91 Healy Break Away Device $144.21 Healy 900 Series EVR Nozzle $468.40 Husky Pressure Vacuum Vent Cap 5885 $247.39 25D-8 Diesel Fuel System OPW Diesel Nozzle $119.06 Husky 3/4" Hose Break Away Device Diesel $125.15 Goodyear 3/4" x 9' Diesel Fuel Hose $ 62.98 Goodyear 3/a" x 6' Diesel Fuel Hose $ 44.76 Fire Station # 5 Veeder Root Leak Detection S stem Steel Tank Interstitial Sensor $344.77 Piping Sump Sensor $228.33 Vapor Recovery System Healy Standard 8' Coaxial Hose $168.25 Healy Standard 4' Coax Hose $112.91 Healy Break Away Device $144.21 Healy 900 Series EVR Nozzle $468.40 Husky Pressure Vacuum Vent Cap 5885 $247.39 Diesel Fuel System OPW Diesel Nozzle $119.06 Husky 3/a" Hose Break Away Device Diesel $125.15 Goodyear 3/a" x 9' Diesel Fuel Hose $ 62.98 Goodyear 3/a" x 6' Diesel Fuel Hose $ 44.76 Labor to remove the defective component(s) with replacement and testing of new component shall be invoiced at the two hour minimum based on the technical labor rate of $66.00 per hour. Travel time will be included. Vapor recovery items are warranted by the manufacturer for one year due to defects in material and workmanship. Manufacturers warranty on leak detection components are, part shall be free of defects in material and workmanship for a period of one year. I would appreciate answering any questions regarding this proposal. Thank you for the opportunity to provide this quotation. It is always a pleasure to be of service to the City of Santa Ana! Sincerely, ,~ ~- ~ ~, Dennis Minnock 25D-9 Pacific Systems Electric, Inc, 3267D Dowling Court Winchester California 92596 California State License No. 561275 sewiciN.g the ~etroleuwc. iwdustrU s~~.ce 2989 Mr. Mario Ghiai CITY OF SANTA ANA BUILDING MAINTENANCE DIVISION 20 Civic Center Plaza Santa Ana, California 92702 CITY OF SANTA ANA UST LOCATIONS Subject: Secondary Containment Testing Status Dear Mr. Ghiai: April 23, 2009 Attached are copies of the every three year SB989 Test results for your records. We have also included invoices for each location that reflect the same cost as testing conducted three years ago. Copies of these test results were forwarded to Inspector Chris Ciraulo February 7, 2009. Also attached are copies of the estimated cost of repairs for each foci-ity for the defective items and witnessed retest with the Inspector. The City Yard Secondary components all passed with the exception of the chemical tank spill bucket that has been out of service for several years. Cos# of spill bucket replacement was included but maybe deducted as the information provided is this tank is due for future removal. The total of Secondary Containment Repairs for all locations is $14,245.00 City Yard $1,870.00 FS# 1 $3.850.00 FS#4 $2,860.00 FS#5 $4,070.00 Police Dept $1,595.00 A permit maybe required at FS#5 that will be determined with type of repair required. It required drawing/submittal cost will be addi#ional and is not included. The existing waste water will be reused at each faculty for investigative testing and testing the replaced components. Thank you for the opportunity to be of service. Please calf direct with any questions about this work at 714.713.9529, 25D-10 ~:~~e'v=~ PACIFIC SYSTEMS ELECTRIC, INC. 32670 DOWLING COURT WINCHESTER CA 92596 (9S1} 926-3200 FAX (9S1) 926-9260 BILL ro City of Santa Ana Building Maintenance Division 20 Civic Center Plaza M-I1 Attn: Mario Ghizzi Santa Ana CA 92701 DATE INVOICE NO. 4/24/2009 8875 SHIP TO Corp yard PD Fire Stations 1, 4, 5 P.O. NO. TERMS SHIP VIA FOB Net 30 ITEM DESCRIPTION QTY RATE AMOUNT Secondary Con SB989 Secondary Containment Testing 4,400A0 4,400.00 Corp Yard H-17 Drum H-17 Drum (Haz Waste) 6 55.00 330.00 Corp Yard Secondary Con SB989 Secondary Containment Testing 1,290.00 1,290.00 Police Dept H-I7 Drum. H-17 Drum (Haz Waste) 4 55.00 220.00 Police Dept ~econdary Con SB989 Secondary Containment Testing 1,290.00 1,290.00 Fire Station # 1 ' H-17 Drum H-17 Drum (Haz Waste) 2 SS.00 110.00 Fire Station # 1 Secondary Con SB989 Secondary Containment Testing 1 1,290.00 1,290.00 Fire Station #4 H-I7 Dawn H-17 Drum (Haz Waste) 4 SS.00 220.00 Fire Station #4 Secondary Con SB989 Secondary Containment Testing 1,290.00 1,290.00 Fire Station # 5 H-17 Drum H-17 Drum {Haz Waste) 3 55.00 I6S.00 Fire Station #5 PLEASE PAY FROM THIS INVOICE TAX ID EIN 06-1778938 TO~a~ $10,605.00 ~n~ bSo...-- 25D-11 MAYOR MlguetA. Putido MAYOR PRO 7EM Claudia C. Alvarez COUNCiLMEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F, Sarmiento Sal Tinajato May d, 2049 Mr. Mario Ghizzi 20 Civic Center Plata Santa Ana, CA 92701 Dear Mr. Ghizzi: CITY 01= SANTA ANA FIRE DEPARTMENT 1439 South Broadway Santa Ana, Cal'rfornla 92707 Ci7Y MANAGER David N. Ream CITY ATTORNEY Joseph W.fletcher CLERK OF THE COUNCIL Patricia E. Healy Subject: REQUIRED TRI-ANNUAL SECONDARY CONTAINMENT TESTING. As per our phone conversation, Santa Ana Fire Stations 1, 4 and 5 are required to perform a secondary containment test, also known as Senate Bill 9$9 or SB989, every three years. The testing for this system consists of: hydrostatic testing far sumps, spill buckets and dispenser containtent boxes, a pressure test on piping and ~a vacuum test on tank interstitial spaces. The last test for these three facilities was conducted in December of 2005. !n order to avoid violations and comply with the Title 23, California Code of Regulations, Chapter 16, section 2637, these facilities had conducted the required SB989 test by Pacific Systems Electric in December of 2008. ]f you have any questions regarding this matter, please feel free to contact Christopher Ciraulo at (714) bA7.5761. Sincerely, /l r• .~~ CIdRISTOPHER CIRAUI.O, UST INSPECTOR FIRE PREVENTION $UREAU for MARC MARTIN, FIRE CHIEF CC 25D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: July 6, 2009 TITLE: AGREEMENT FOR FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES WITH SIMPLEX GRINNELL APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ {mplementing Resolution ^ Set Public Hearing For_ t rZ // ~C~,.-~----~...-- CI Y ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Simplex Grinnell for a one year period with provision for four one-year renewals, in an annual amount not to exceed $65,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION City facilities are equipped with fire alarm systems for the protection of people and property. The alarm systems require inspection, preventive maintenance and repair services to ensure continued operation. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulation and National Fire Protection Association rules. On May 12, 2009, the City conducted a formal Request for Proposal process to solicit offers from qualified firms to provide this service. A summary of the RFP solicitations and the proposals received is as follows: 3 Request for Proposals issued 2 Proposals received The proposals were reviewed by City staff and were found to provide comparable service, with Simplex Grinnell proposal providing the most favorable cost structure. This agreement provides the fire alarm maintenance for approximately 40 City facilities at a cost of $40,000, with a contingency of $20,000 to cover parts and repair services. Additionally, $5,000 is included for Simplex time clock service and supplies, as well as for new time clock purchases. 25E-1 Agreement for Fire Alarm Maintenance July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance and Repair and Operating Materials and Supplies accounts (object codes 6281 and 6391). Francisco Gutierrez Executive Director Finance and Management Services Agency 25E-2 SERVICE AGREEMENT FOR INSPECTION. TESTING AND MAINTENANCE OF CITY FIRE ALARM SYSTEMS THIS AGREEMENT, made and entered into this 6`~' day of July, 2009 by and between Simplex/Grinnell LP, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of service and maintenance of fire alarm systems. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide fire alarm maintenance, inspection and testing as set forth in Exhibit A to this Agreement. Contractor has inspected City's system and agrees that Contractor's will not be hindered in its performance of services due to obsolescence of equipment or unavailability of parts, during the term of this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement during the 2009-10 fiscal year shall not exceed: ~ $40,000.00 for required testing and inspection services • A contingency of $20,000.00, available for additional services which may be required to keep the fire alarm systems functional • $5,000.00 for the purchase of Simplex time clocks, services and supplies purchased by various city departments Rev: 3/27/2009 25E-3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Rev: 3/27/2009 25E-4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Property Damage Liability. Contractor will be solely responsible for damage to property, which may be caused by acts or omissions by him or anyone in his employment while executing the contract and shall maintain $2,000,000 property damage liability per occurrence. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, Rev: 3/27/2009 25E-5 judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Rev: 3/27/2009 25E-6 Fax 714-245-8098 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Simplex/Grinnell LP 1701 West Sequoia Orange CA, 92868 Fax 714-939-9104 Attn: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement Rev: 3/27/2009 25E-7 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE Notwithstanding Section 24 of the Service Agreement attached hereto as Exhibit A, this Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Rev: 3/27/2009 25E-8 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney i ~ By: Lau a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SIMPLEX/GRINNELL LP (NAME) (Title) Tax ID# 25E-9 Rev: 3/27/2009 EXHIBIT A SCOPE OF SERVICES Contractor shall inspect, maintain and repair the City's fire alarm systems, as set forth in this exhibit. I. QUALIFICATIONS 1. Company 1.1 The Company shall have an office located within fifty (50) miles of the facility. 1.2 The Company shall have ten (10) or more years of experience in maintaining fire alarm systems. 1.3 The Company shall have (at the time of RFP submittal and during the previous six (6) months) one (1) or more full-time, qualified service personnel in their employment. The Company shall submit the names and qualifications of the service personnel with the RFP. 1.4 The Company shall have (at the time of RFP submittal and during the previous six (6) months) one (1) or more full-time, qualified service design engineering personnel in their employment. The Company shall submit the names and qualifications of the engineering personnel with the RFP. 1.5 The Company shall be set up to receive and dispatch qualified service personnel to emergency calls, 24 hours per day, 365 days per year including a redundancy out-state system. This procedure must not involve answering machines. 1.6 The Company shall be capable of providing 24 hour service, 365 days a year including weekends and holidays, using qualified service personnel. 1.7 The Company shall be approved by Underwriters Laboratories as an authorized UL certification organization for Proprietary Fire Alarm Systems. 1.8 The Company shall meet all requirements contained in this specification and will be held responsible for the quality completeness of all work performed as part of this specification. 1.9 The Company shall have a valid California C 10 (Electrical) and C 16 Fire Sprinkler Contractor License. 2. Service Personnel 2.1 All service personnel must meet the qualifications listed below: Rev: 3/27/2009 25E-10 2.1.1 Service personnel shall be factory trained and certified to test and maintain fire alarm systems in the state of California. 2.1.2 Service personnel shall be National Institute for Certification in Engineering Technologies (NICET) certified in the field of Fire Protection Engineering Technology. (Level 2, minimum) 2.1.3 Service personnel shall have two (2) or more years experience performing service work on Fire Alarm Systems. 2.2 Service personnel shall be knowledgeable of current National Fire Protection Association (NFPA) codes and how they affect fire alarm systems. 2.3 Service personnel shall be capable of demonstrating, upon request, the proper trouble shooting techniques, service procedures and testing procedures for the Fire Alarm Systems. 3. Testing/Inspection Personnel 3.1 The Company shall employ testing/inspection personnel (identified in the following as inspection personnel) as full-time fire alarm inspectors. 3.2 The Lead Inspector shall be factory trained and certified to perform all NFPA required testing procedures. 4. Design Engineering Personnel 4.1 Engineering personnel shall be factory trained and certified. 4.2 Engineering personnel shall be NICET certified. II. SERVICES 1. Test and Inspections 1.1 Annual test and inspections of the fire alarm systems shall include, but not be limited to, the following: • Sensitivity testing of smoke detectors as follows: - Smoke detectors shall be internally cleaned by using a vacuum device and the exterior cleaned with approved solution. - Smoke detectors shall be checked for proper sensitivity with manufacturer's calibrated Sensitivity Test Instrument. Rev: 3/27/2009 25E-11 - Smoke detectors that do not pass the first sensitivity test, shall be dismantled, cleaned internally with approved solution and retested. - Smoke sensitivity testing and cleaning shall be performed in such a manner that all smoke detectors will be tested for proper sensitivity, upon completion of the second year. Minimum 50% per year. - All peripheral equipment shall be functionally tested for proper alarm operation. Minimum 100% per year. - One device on each initiating and signaling zone shall be disconnected to determine proper supervision wiring. - All control equipment and auxiliary functions shall be checked for proper response to trouble and alarm conditions (i.e., City Response, AHU Shut-down). - All control equipment shall be tested for proper voltages during trouble and alarm conditions. - All batteries must be tested under load for the required time period to ensure proper operation. - Provide complete documentation of the entire fire alarm inspection and test, listing all peripheral equipment (by location, device type, alarm zone, sensitivity test results) and listing discrepancies (including any repairs made while on-site). - All inspection, functional testing, and audit functions must be performed in accordance with respective nationally recognized standards (NFPA 72), and state fire codes. 1.2 Documentation that documents the above tests, (including but not limited to) individual peripheral locations along with their sensitivity test results (rating versus actual) and individual zone test results (normal versus abnormal) must be submitted at the time of the test/inspection. 1.3 Tests and inspections shall be performed, utilizing two (2) company qualified personnel. The representatives shall be present during the entire inspection and utilize the following equipment supplied by the Company. 1.3.1 Two (2), two-way radios 1.3.2 "Gemini" or equivalent smoke detector sensitivity tester 1.3.3 Decibel meter 1.3.4 Controlled temperature heat detector tester for fixed temperature and rate of rise heat detectors 1.3.5 Testing signs (free standing to be placed at entrance of building, minimum 2' x 2'). Rev: 3/27/2009 25E-12 1.3.6 Volt-ohm meter (VOH) and other equipment needed to properly test and inspect the systems. 1.4 Tests and inspections shall be scheduled two (2) weeks in advance with facility personnel. 1.5 Company shall be capable of making minor repairs while on-site. If additional repairs are needed the company will coordinate with facility representatives to complete the repairs. 2. Emergency Services 2.1 Labor between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding normal holidays, shall be provided to complete the following: 2.1.1 Labor to repair system control panel and annunciator panel malfunctions. 2.1.2 Labor to isolate system wiring troubles. 2.1.3 Labor to troubleshoot fire alarm systems. 2.1.4 Labor to replace failed peripheral equipment. 2.1.5 Labor to maintain all systems in good working order in accordance to the highest standards of workmanship. 2.1.6 Labor to assist owner in isolating problems that arise from the interconnection of systems, (i.e. Elevator recall, AHU shutdown, etc.). 2.1.7 Labor to complete the required tests and inspections. 2.2 Company shall provide all mileage and travel necessary for unlimited emergency service calls to the job-site. 2.3 Company shall provide emergency repairs within eight (8) regular working hours, following receipt of call from facility personnel. 2.4 Company shall provide 24 hour service, upon the facility's request. III. SERVICES NOT INCLUDED 1. After-hour calls. 2. Optional retrofits. Rev: 3/27/2009 25E-13 3. Exterior painting or refinishing of the equipment and/or surrounding surfaces. 4. Repair of damages from any cause other than ordinary use, including acts of God and vandalism. 5. Repair and maintenance of water flow switches. 6. Replacement peripheral devices and batteries. IV. PARTS AND EQUIPMENT 1. Replacement 1.1 Company shall provide UL and ISO 90001isted control parts necessary to repair the fire alarm system control units and annunciator panels at no additional cost. 1.2 Company shall provide UL approved lamps, fuses and LED's at no additional cost. 2. Inventory 2.1 The Company shall have in local office inventory the following UL and ISO 90001isted items/equipment for the fire alarm systems. 2.1.1 One (1) complete set of circuit boards for Fire Alarm systems. 2.1.2 One (1) set of UL listed replacement batteries. 2.1.3 Complete UL listed replacement peripheral devices, three (3) complete units for each type installed. 2.2 The service personnel shall have in their vehicle inventory an adequate supply of replacement parts/equipment. 2.3 The Company shall have access to a fire alarm national parts distribution center to provide repair parts within 24 hours. V. DETAILS OF FIRE ALARM INSPECTIONS 1. Fire Control Panel • All zones operate alarm • All zones operate trouble • Common trouble indicators operate • All fuses agree with markings Rev: 3/27/2009 25E-14 • Battery standby operational • AC power feeds correct 2. Annunciator Panels • All indicators operate • All auxiliary functions operate • Labeling I correct and definitive 3. Peripheral Devices • All indicating devices tested for alarm, including sprinkler switches • All indicating devices tested for trouble, including sprinkler switches • All signaling devices tested for operation • All signaling devices tested for trouble • Audibility test 4. Auxiliary Functions • All door holders/closures operate • City connection monitoring center connection operates • Elevator capture operates • Fan control/HVAC shutdown operates 5. Standards • Detectors properly spaced • Proper detector placement VI. AUDIT REPORT Upon completion of the above inspection, a summary of the findings shall be provided to the Facilities Maintenance Superintendent. This report shall include detailed system background information and a detailed list of the equipment inspected and tested. The report shall include audibility and visual tests of all signaling devices. If any repairs are required they shall be listed in the report. Upon owner request the Company shall provide budget for any repair work. All reports in this section shall comply with NFPA 72. Payment of services will not be processed until this report is submitted in a timely manner and signed off by the Facilities Maintenance Superintendent. Rev: 3/27/2009 25E-15 VII. QUANITITY VERIFICATION It is the sole responsibility of the contractor to verify the models and quantities of the fire system installed. The information provided in the attachment by the City is just a guideline. VIII. NOTIFICATION AND SCHEDULING Prior to initiating any testing and inspection or repair of any of the fire systems, the proper scheduling and notification of the Facilities Maintenance Superintendent or his designee, the appropriate monitoring station, and the Fire Department must be notified. IX. SYSTEM RESTORATION After completion of the work, at the end of each working day, the fire system must be restored to their full operation and the Facilities Maintenance Superintendent and/or his designee, the appropriate monitoring station, and the Fire Department shall be notified. Rev: 3/27/2009 25E-16 ATTACHMENT FIRE ALARM SYSTEM Fire Equipment Testing List The following devices will be tested at each facility by actuation of each individual device to annunciate at the fire alarm panel and remote notification panels. City Hall - 20 Civic Center Plaza, Santa Ana # Unit Descri tion 8 EA Water detection units (2 in elevator its and 6 in com uter room) 16 EA Rate of rise heat detectors 4 EA Smoke detectors below floor 5 EA Smoke detectors ceilin level 17 EA Elevator recall smoke detectors 22 EA Manual ull stations 24 EA Bells 2 EA Duct smoke detectors 1 EA Indicator fire lam 1 EA Fire alarm control anel, rim Sim lex 4208 and auxiliary Sim lex 4005 2 EA Annunciator fire alarm locator $ 5,200.00 Annual Add to Existing City Hall - 20 Civic Center Plaza, Santa Ana # Unit Descri tion 1 EA Auxili fire alarm control anel 33 EA Horn strobe (2° & 3` floor only) 1 2 EA EA Fire roll down (with fire fl device) actual test & reset of roll mechanism - 7 floor lobby Smoke detector for above $ 640.00 Annual Rev: 3/27/2009 25E-17 Ross Annex - 20 Civic Center Plaza, Santa Ana # Unit Descri tion 1 EA Fire Alarm Control Panel, Notifier Model AFP 200 1 EA Fire Alarm Annunciator Panel 1 EA Trouble Relay 1 EA Universal Alarm Communicator Panel 14 EA Fire Alarm Control Module 10 EA Fire Alarm Monitor Module 1 EA Manual Pull Station and Monitor Module 41 EA Area Smoke Detector (Addressable -Photo) 6 EA Elevator Lobb Smoke Detector 6 EA Return Air Smoke Detector 13 EA Air Handlin Duct Smoke Detector 1 EA Fire Alarm Horn 1 EA 24VDC S rinkler Alarm Bell -F.B.O. 16 EA Remote Indicator L.E.D. 5 EA S rinkler Water Flow - F.B.O 5 EA S rinkler Valve Tam er - F.B.O 23 EA Ma etic Door Holder 24 EA 24VDC Relay By Others EA Fire Alarm Junction Box By Others EA Fire Alarm Terminal Cabinet By Others EA Smoke Fire Dam er $ 3905.00 Annual Main Library - 26 Civic Center Plaza, Santa Ana # Unit Descri tion 106 EA Heat detectors 11 EA Manual ull stations 11 EA BelUstrobe 1 EA Annunciator 1 EA Fire alarm control anel, SENSISCAN 2000, Fire Lite Alarms, Inc. 1 EA Duct smoke detector 1 EA Outside tam er switch 1 EA S rinkler water flow switch 2 EA Smoke detectors 1 EA Ma etic door holder $ 2745.00 Annual Rev: 3/27/2009 25E-18 Corporate City Yard - 215 S. Center St & 220 S Daisy Avenue, Santa Ana # Unit Descri tion 1 EA Fire alarm control anel, Notifier 9 EA Manual ull stations 4 EA Smoke detectors 4 EA Ma etic door holders 10 EA Strobe/horn 8 EA Strobe 3 6 EA EA Fire roll down doors (with fire fl device; actual test & reset of roll down door mechanism) Smoke detectors for roll down doors 8 EA Duct smoke detectors 1 EA Annunciator $ 1575.00 Annual Shops - 215 S. Center St., Building H, Santa Ana # Unit Descri tion 10 EA Horn/strobe 2 EA Strobe 11 EA Manual pull stations 1 EA Duct smoke detectors 1 EA Fire alarm anel $ 625.00 Annual Fleet Area - 215 S. Center St., Building J, Santa Ana # Unit Descri tion 1 EA Fire alarm control anel 17 EA Manual ull stations 17 EA Horn strobe 9 EA Strobe 6 EA Smoke detectors 4 4 EA EA Fire roll down doors (with fire fly device; actual test & reset of roll down door mechanism) Duct smoke detectors $ 1595.00 Annual Carpenter Shop - 215 S. Center St ,Building E, Santa Ana # Unit Descri tion 2 EA Manual ull stations 2 EA Horn strobe $ 59.00 Annual_ Rev: 3/27/2009 25E-19 Warehouse - 215 S. Center St., Buildin A, Santa Ana # Unit Descri tion 12 EA Manual ull stations 11 EA Horn strobe 3 EA Strobe 4 EA Duct smoke detectors 1 EA Fire alarm control anel $ 910.00 Annual Hazard Material Building - 215 S. Center St , Building B, Santa Ana # Unit Descri tion 1 EA Manual ull station 1 EA Horn strobe $ 23.50 Annual Newhone Library -122 N. Newhone, Santa Ana # Unit Descri tion 1 EA Sim lex fire alarm anel 3 EA Manual ull stations 3 EA Bells $ 60.00 Annual Senior Citizens Center - 424 W. Third Street Santa Ana # Unit Descri tion 1 EA Fire alarm anel, Sim lex, Star 639 5 EA Manual ull stations ? EA Bells $ 550.0 Annual Southwest Senior Center - 2201 W. McFadden Santa Ana # Unit Descri tion 1 EA Silent Kni ht fire station anel 5 EA Manual ull stations 2 EA Ceilin smoke detectors 7 EA Duct smoke detectors 2 EA Water flow 5 EA Bells $ 750.00 Annual 18 25E-20 Train Depot 1000 E Santa Ana Current service: quarterly sprinkler testing & inspection: $1260 Please provide RFP's for Annual Sprinkler Flow Test in accordance with NFPA 13A &NFPA 25: • City Hall Building -Basement only $220.00 • Old Police Department Garage $320.00 • Main Library $220.00 • Corporate Yard $920.00 • Southwest Senior Center $220.00 • Police Facility $2300.00 -INCLUDES ANNUAL FIRE PUMP TESTING Please provide five-year sprinkler in accordance with NFPA 13A &NFPA 25: • City Hall $575.00 • Old Police Department Garage $575 • Main Library $575.00 • New Police Facility $5590.00 FOR ADDITIONAL BUILDINGS PLEASE SEE ATTACHED QUOTATION 19 25E-21 Pricing Summary/Scope of Work City of Santa Ana Location : EI Salvador Center Fire Alarm Detection Systems (Test and Inspect + Parts (non-peripheral, Quantity Frequency 8-51M-F)] Audio/Visual Unit 16 Annual Annunciator Panel 1 Annual Fire Alarm Control Panel (Multiplex/Addressable) 1 Annual Pull Station 10 Annual Subtotal for Location EI Salvador Center : $1,974.85 Location :Fire Station #1 Fire Sprinkler Systems [Test and Inspect] Quantity Frequency Wet/Dry pipe sprinkler inspection 1 Annual ( includes one riser ,tamper ,and flow ) Fire Alarm Detection Systems [Test and Inspect + Parts (non-peripheral, Quan tity Frequency 8-5/M-F)] AudioNisual Unit 18 Annual Smoke Detector (Test/Inspect) 26 Annual Annunciator Panel 1 Annual Fire Alarm Control Panel (Multiplex/Addressable) 1 Annual Heat Detector 6 Annual Pull Station 5 Annual Water Flow Switches (Electrical Test Only) 1 Annual Sprinkler Tamper Switches (Electrical Test only) 1 Annual Subtotal for Location Fire Station #1 : $2,738.10 Location :Fire Station #9 Fire Sprinkler Systems [Test and Inspect] Quantity Frequency Wet/Dry pipe sprinkler inspection 1 Annual ( includes one riser ,tamper ,and flow ) Fire Alarm Detection Systems [Test and Inspect + Parts (non-peripheral)] Quantity Frequency Audio/Visual Unit 8 Annual Smoke Detector (Test/lnspect) 30 Annual Simplex 4001 (Fire Alarm Panel) 1 Annual Water Flow Switches (Electrical Test Only) 1 Annual Door Holder 5 Annual Sprinkler Tamper Switches (Electrical Test only) 1 Annual Subtotal for Location Fire Station #9 : $1,307.80 Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed as set forth in the Scope of Work. If the actual number of devices installed is different than the number set forth in the Scope of Work, the price will be adjusted accordingly. 20 25E-22 Pricing Summary/Scope of Work City of Santa Ana Location :Ross Annex Fire Sprinkler Systems [Test and Inspect] Wet/Dry pipe sprinkler inspection ( includes one riser ,tamper ,and flow ) Each additional riser inspection ( includes tamper and flow ) Each additional floor control assembly inspection ( tamper and flow ) Fire Pump [Test and Inspect] Diesel Fire Pump Inspection (Diesel ) Subtotal for Location Ross Annex Total Annual Investment : (Plus Any Applicable Tax) Quantity Frequency 1 Annual Annual 6 Annual Quantity Frequency 1 Annual $1,760.00 $7,780.75 Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed as set forth in the Scope of Work. If the actual number of devices installed is different than the number set forth in the Scope of Work, the price will be adjusted accordingly. 21 25E-23 25E-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICE WITH THE FERGUSON GROUP OF WASHINGTON, D.C. CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare an of the Council to execute an agreement the Ferguson Group in an amount not to DISCUSSION 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 d authorize the for government exceed $75,000. City Manager and Clerk liaison services with The Ferguson Group has served as the City's representative in Washington, D.C. since 1987. The service includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. The Ferguson Group also assists the City with grant applications and other special programs for which the City may qualify. In the current fiscal year, the Ferguson Group assisted with appropriations for the Bristol Street Widening Project, COPS grants, water well rehabilitation projects, Workforce Development monies, Empowerment Zone funding and arts and technology projects. This past year the Ferguson Group has been instrumental in tracking the federal stimulus dollars to maximize the benefit to Santa Ana and they have been equally aggressive in securing energy efficient and "green" monies for our community. 25F-1 Ferguson Agreement July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 101-601-6291), the Community Development accounts (nos. 570-932-6291, 570- 933-6291, and 570-935-6291), and the City Manager's Office account (no. 11- 011-6191). APPROVED AS TO FUNDS AND ACCOUNTS: Cindy Nelson Deputy City Manager for Development Services Francisco Gutierrez ,~,,1 ~' Executive Director f'~ Finance & Mgmt. Services Agency Ja es Rosh v E ecu ve Director P bl'c Works Agency 25F-2 THE FERGUSON ~ GROUPuc 1130 Connecticut Avenue, N4'V SuiTe 300 Washington, D.C. 20036 202..331.8500 202.331.1598 fax June 24, 2009 Mr. David N. Ream City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Dear Mr. Ream: The Ferguson Group, LLC (TFG) appreciates the opportunity to provide Washington representation services to the City of Santa Ana. We respectfully request the renewal of our current agreement under the same terms and conditions as provided for in our existing contract, which is currently $75,000 for the contract period July 1, 2009 to June 30, 2010. Over the years, TFG has worked aggressively to assist the City of Santa Ana, CA in achieving its federal goals and objectives. At the direction of the City, we provided information and guidance on various issues (i.e. community and economic development, homeland security, workforce development, and transportation), and we have worked with the City and your congressional delegation to secure millions of dollars on projects such as water infrastructure improvements, roadway improvements, job training, and other community and economic development related projects. In FY 2009, TFG worked to secure $714,000 in Department of Labor funds for employment and job training services in the City. TFG kept the City abreast of developments regarding the American Recovery and Reinvestment Act (ARRA) legislation signed into law earlier this year and provided a comprehensive analysis of the bill, including details on the majority of programs funded by this legislation. TFG is working with the City to navigate through the process of how stimulus monies made available through ARRA will flow and provide advanced information on program criteria, deadlines, and in some cases the application for funding. For fiscal year (FY) 2010 appropriations, TFG is working to secure: • $1,093,380 in EPA funding to rehabilitate the sewer main in the French Park Neighborhood; and • $1,000,000 in HUD funding for improvements to the Dan Young Soccer Complex- Synthetic Sports Field at Centennial Park. We are also working in part with the Orange County Transportation Authority to secure funding authorizations in the surface transportation authorization bill for the Bristol Street Widening and the Santa Ana Fixed Guideway projects in the City. 4 ,>~P~~1 ~~~ ~~`>1, :., Page 2 The Ferguson Group has enjoyed a productive relationship with the City of Santa Ana and we are committed to providing the best Washington representation available to the City. Our firm will continue to advocate aggressively on the City's behalf to secure funding for your projects, and monitor and report on legislative and regulatory matters that are pertinent to the City. On behalf of TFG, thank you again for the opportunity to continue working with the City of Santa Ana. If the proposed Agreement is acceptable, please forward a contract to us for execution. If you have any questions, please contact me or Charmayne Macon at (202) 331- 8500. Sincerely, William Ferguson, Jr. Chief Executive Officer Enclosure cc: Jill Arthur, Government Affairs, City of Santa Ana, CA ,, 2`5~=4`" . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: AGREEMENT FOR COLLECTION AGENCY SERVICES (SPEC. NO. 09-028) ~~,^ ~~-Y ~l ~~' `< - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement with American Capital Enterprises, Inc. for a two- year period with provisions for three one-year renewals, for collection agency services, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana account receivables categories include water service, police false alarms, code enforcement, traffic tickets, paramedic services, and Police and Fire Department billable time for emergency cost recovery. In general, accounts receivables are assigned to the collection agency when the billings are 60 to 90 days past due and staff has already attempted several contacts, including sending past-due letters and initiating telephone calls. Annually, approximately 5,000 accounts are sent to the collection agency at a recovery rate of 33%. On May 5, 2009, the City conducted a formal Request for Proposal process to solicit offers from qualified firms to provide services to collect past due City accounts. A summary of the RFP solicitations and the proposals received were as follows: 16 Request For Proposals issued 6 Proposals received The proposals were reviewed by a committee composed of City staff. An evaluation of proposals compared six criteria: (1) overall ability to provide services, (2} fees and charges related to level of work proposed, (3) professional qualifications of firm and personnel, (4) ability of firm to commit required personnel to handle scope of work, (5) historic collections performance, (6) quality of references and result of interviews. 25G-1 Agreement for Collection Agency Services July 6, 2009 Page 2 Based on the evaluation of proposals by committee, the following is the ranking of service proposals: FIRM RATING 1. American Capital Enterprises, Inc. 97.3% 2. CB Merchant Services ~~ 7% 3. Transworld Systems, Inc. 62.3% 4. Southwest Collection Service, Inc. 56.3% 5. Credit Management Control, Inc. 49.0% 6. Lemore Services Inc. 34.0% American Capital Enterprises, Inc. (ACE) has provided collection and accounts receivable management services for 32 years, and served City of Santa Ana for the past 14 years. The fee rate for ACE is 20 percent for standard accounts and 35 percent for accounts requiring legal action. ACE fees are contingent upon successful collection. FISCAL IMPACT As payment for service is contingent upon successful collection, American Capital Enterprises, Inc. will share in the total revenue recovered from their collection efforts. There is no direct fiscal impact on any expenditure accounts of the City or its related agencies. ~-{ ~ !~ Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency FG/KM/09-028 25G-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6`h day of July, 2009 by and between American Capital Enterprises, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of debt collection. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall provide collection services in connection with overdue miscellaneous accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated May 12, 2009, on file in the Santa Ana Purchasing Division. In performing said services, Consultant shall: 1. Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following rates: (i) Standard accounts 20% (ii) Accounts requiring legal action 35%. 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 25G-3 6. Retain from first monies collected on a legal account, its advanced costs. 7. Remit to City all monies, less commission, by the 20`h day of the month following collection. 8. Provide written acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity or all accounts assigned to Consultant, including: a. Total dollar value assigned b. Total dollar value collected c. Percentage collected on total dollar value assigned d. Number of account assigned e. Number of accounts on which payments received f. Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assignment. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City will: 1. Use reasonable care to assign bonafide miscellaneous accounts receivable claims to Consultant. 2. Use its best efforts to verify any disputed amount. 3. Warrant the accounts assigned to Consultant are first placements (no collection agency has attempted to contact the debtor by letter service or otherwise) and understands the commission rates herein are based on this representation. 2. COMPENSATION a. Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section 1, SCOPE OF SERVICES. 3. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2011, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for up to three additional one-year terms at the option of the City. 25G-4 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. 25G-5 e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in 25G-6 person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: American Capital Enterprises, Inc. 42145 Lyndie Lane, Suite 212 Temecula, California 92591 Telefacsimile (909) 695-3763 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not 25G-7 be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25G-8 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk ofthe Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER AMERICAN CAPITAL ENTERPRISES, INC. By: Laura Sheedy Assistant City Attorney RONALD G. MATHESON President Tax ID# 25G-9 25G-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: DOWNTOWN OFFICE LEASE ~~.~.-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the lease agreement with Fiesta Marketplace Partners #1, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Downtown office has been located at 305 East Fourth Street since February 2001. The current lease agreement covers 5,850 square feet and expires on July 31, 2009. With the initiation of the Downtown Community Management District, the new management corporation, Downtown Inc., will occupy separate office space from City staff, thus resulting in the need for less space for Downtown Police staff and parking meter operations. The new lease covers 3,950 square feet. The property owner, Fiesta Marketplace Partners #1, has agreed to a one- year lease with two one-year extensions. A two percent annual increase will be added to the rent upon exercising each of the one-year lease options. The new rent is $5,865 monthly, or $1.50 per square foot, and is a full-service gross lease with a stipulation that the City pay a portion of the utilities that exceed the base year figure established during the first year of the lease. Fiesta Marketplace Partners #1 will be making all of the necessary improvements to accommodate the office operational needs. According to the 2009 office market report for Orange County by Voit Commercial, this lease rate falls within the average lease rate for similar buildings. 25H-1 Downtown Office Lease July 6, 2009 Page 2 FISCAL IMPACT Funds are available in the Parking Meter Fund Rent account (no. 27-013- 6294) and the Merged Economic Development Fund Building Rental account (no. 570-932-6294). APPROVED AS TO FUNDS AND ACCOUNTS: Cyn hia J. Nelson Deputy City Manager for Development Services Community Development Agency ~QflS~~` b~~ ~ z, J 1.~. a-. Francisco Gutierrez t'y/~ Executive Director I Finance & Management Services Agency CJN/NTE/kg 25H-2 LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FIESTA MARKETPLACE PARTNERS #1 1. PARTIES This Lease is made and entered by and between Fiesta Marketplace Partners #1 ("Landlord") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("Tenant"). 2. PREMISES Landlord does hereby lease to Tenant, and Tenant hereby leases from Landlord that certain office space ("Premises") indicated on Exhibit A, attached hereto and incorporated herein, said Premises being agreed, for purpose of this Lease, to have an area of approximately Three Thousand Nine Hundred Ten (3,910) square feet, being situated within that certain building known as 305 E. Fourth Street, Second Floor, in the City of Santa Ana 92701 ("Property"). 3. TERM OF LEASE The term of this Lease shall be for one (1) year, commencing on the first (1St) day of August 2009, and ending on the thirty-first (31St) day of July, 2010. Upon expiration of said term, there shall be two 1-year options, each exercisable at the sole option of the Tenant. 4. RENT/IMPROVEMENTS (a) Rent. Tenant shall pay Landlord monthly rent in the amount of Five Thousand Eight Hundred Sixty Five Dollars ($5,865.00) for the one-year term. Tenant agrees to pay rent payments on or before the fifth (Sty') day of each full calendar month during the term hereof. Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. (b) Annual Adjustment. There shall be a 2% annual increase in the rent amount at the time each option to renew is exercised. (c) Improvements. Landlord shall provide the following modifications to the Property/Premises at no cost to the Tenant so long as Tenant exercises at least one 1-year option. Should Tenant terminate this Lease after the one (1) year term, Tenant will be required to reimburse Landlord for half of the Improvement costs. Landlord shall provide Tenant with documentation pertaining to the cost of the Improvements prior to 25H-3 the time of execution of this Agreement. The Improvements shall consist of the following: (1) construct a divider wall (L-shaped) to separate SAPD and front reception area from Parking Meter operations; (2) construct a divider wall between two restrooms and construct a doorway opening on east side so each operation will have their own restroom; (3) reconfigure lights and switches; (4) install locks on front office (#'s 5 & 6 in drawing) for SAPD security; (5) either relocate cabinets or request new in file/storage area; (6) replace metal industrial entry doors on east wall with doors that match those on front; (7) remove "Downtown Development" signage from the canopy on 4`~' Street. 5. USE Tenant shall use the Premises for general office purposes, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant shall be entitled to access and use of all facilities located on and within the Property. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of, or affect any fire or other insurance upon the building or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral unlawful, or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on, or about the Premises. 6. COMPLIANCE WITH LAW Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or acts. 25H-4 7. REPAIRS Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shal l upon the expiration or sooner termination of this Lease, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Not withstanding the provisions contained herein, Landlord shall repair and maintain the structural portions of the Property, including the basic plumbing, air conditioning, heating and electrical systems, installed or furnished by Landlord, unless such maintenance and repairs are caused in whole or in part by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be in breach of its obligations under this article unless Landlord fails to make repairs or perform maintenance which Landlord is obligated to perform hereunder, and such failure persists for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord by Tenant. 8. ASSIGNMENT AND SUBLETTING Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the Landlord. 9. HOLD HARMLESS Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and expenses, arising from Tenant's use of the Premises for the conduct of its business, or from any activity, work, or other thing done, permitted, or suffered by the Tenant in or about the building, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance or any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred by any such claim or any action or proceeding brought thereon and, in any case, action, or proceeding brought against Landlord by reason of any such claim. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, 25H-5 falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the building or from the pipes, appliances, or plumbing works therein or from the roof of any structure on the Property, or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants or employees for failing to repair such condition(s) within a reasonable time after written notice of the need for such repair is given to Landlord by Tenant. Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents observed by Tenant on the Premises, or on the Property, or of defects therein, or in the fixtures or equipment. 10. SUBROGATION As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 11. SERVICES AND UTILITIES Landlord agrees to furnish to the Premises, on all days that the Property is open to the public, subject to the rules and regulations of the Property, water and electricity suitable for the intended use of the Premises, heat, ventilation and air conditioning required for the comfortable use and occupation of the Premises. Landlord agrees to provide janitorial services pursuant to Exhibit B, "Janitorial Specifications", a copy of which is attached hereto and incorporated herein. The Landlord shall also maintain the plumbing, gas, air conditioning and electrical systems on the Property, as well as the common areas of the Property. Landlord shall pay the cost of providing the above utilities, and shall determine the amount expended in the first twelve months of the Lease as a "Base Year". Assuming that the options to renew are exercised, the Tenant shall pay the cost of all such utilities to the extent such exceed the cost in the Base Year. Landlord shall bill Tenant for such additional utility costs as additional rent, on a quarterly or other convenient basis, which shall be due and payable by Tenant within thirty (30) days after receipt. Tenant shall be entitled to, and Landlord shall provide, accounting records to confirm the cost of utilities over the Base Year cost. 12. RULES AND REGULATIONS Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate. Landlord reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon Tenant upon delivery of a copy of them to Tenant. 25H-6 13. ENTRY BY LANDLORD Landlord reserves and shall at any and all times have the right to enter the Premises, with reasonable notice to Tenant, for the purposes of inspection, supplying janitorial service and any other service to be provided by Landlord to Tenant hereunder, and to alter, improve, or repair the Premises, providing that the business of the Tenant shall not be interfered with unreasonably. 14. RECONSTRUCTION In the event that the Premises or the building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction, to be based upon the extent to which the making of such repair shall materially interfere with the business carried on by the Tenant in the Premises. In the event that the Premises or the building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises or the building of which the Premises are a part. In the event the destruction of the Premises or the building is greater than ten percent (10%) of the full replacement cost, then Landlord shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of the damage, at which time this Lease shall expire and all interests of the Tenant in the Premises shall terminate on the date so specified in such notice and the rent, reduced by a proportionate amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to the date of such termination. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 15. DEFAULT, REMEDIES A. Default. The occurrence of any one or more of the following events shall constitute a default under this Lease by Tenant: 1. Non-curable defaults: (a) The vacating or abandonment of the Premises by Tenant. 25H-7 (b) Any attempted or involuntary transfer of Tenant's interest in this Lease without Landlord's prior consent. (c) If Tenant makes, or has made, or furnishes any warranty, representation or statement to Landlord in connection with the Lease which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: (a) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant, this Lease shall be terminable at Landlord's option. (b) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the Tenant, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided; however, that if the nature of Tenant's default is such that more than thirty (30) days was reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies. In the event of any non-curable default or breach by Tenant, Landlord shall have the right to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall immediately surrender possession of the Premises to Landlord. If Landlord terminates this Lease and Tenant's right to possession for the Premises, Landlord may recover the following from Tenant: (a) The worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant to Owner at the time of termination; (b) The worthy at the time of the award of the amount by which the unpaid rent for the balance of the Lease term after the time of award exceeds the amount of rental loss which Tenant proves could be reasonably avoided; (c) Pursuing any other remedies now or hereafter available to Landlord under the laws or any judicial decision of the state in which the Premises are located. 16. PARKING Tenant shall have the right to use the parking facilities of the building in common with other tenants or occupants of the Property. 25H-8 17. ATTORNEY FEES AND COSTS In the event that any action is instituted to enforce payment or performance under this Agreement, or otherwise in connection with this Agreement, the parties agree that the prevailing party shall be reimbursed by the other party for all costs and attorneys' fees incurred by the prevailing party in such action. 18. GENERAL PROVISIONS Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this lease, other than the failure of the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of such rent. Time. Time is of the essence of this Lease, and each and all of its provisions in which performance is a factor. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose; no provision of this lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors-in-interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. Severability. Any provision of this lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. 25H-9 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Choice of Law. This Lease shall be governed by the laws of the State of California, with venue in the courts of Orange County. 18. NOTICES All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: To Tenant-- City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-25) Santa Ana, CA 92701 ATTN: Cynthia J. Nelson To Landlord-- S & A Properties P.O. Box 10728 Costa Mesa, CA 92627-0728 ATTN: Irving M. Chase A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25H-10 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: "Tenant" Cynthia J. Nelson, Deputy City Manager for Development Services CITY OF SANTA ANA David N. Ream City Manager "Landlord" Fiesta Marketplace Partners #1 BY: Irving M. Chase TITLE: TAX ID #: 9 25H-11 25H-12 ~ EXHIBIT A Q EXHIBIT B JANITORIAL SPECIFICATIONS It is the intent of this Exhibit to provide general guidelines for minimum janitorial service. Any absence of a specific janitorial service from this Exhibit does not relieve Landlord of the obligation to provide such service, should it become necessary. "Three-days-per-work-week, Monday through Friday" janitorial service for Tenant as required in Section 11 (SERVICES AND UTILITIES) of the Lease Agreement, shall be inclusive of, but not limited to, the services as detailed below: OFFICE AREAS MONDAY, WEDNESDAY, FRIDAY (CITY OF SANTA ANA HOLIDAYS EXCEPTED): Empty and clean all waste receptacles, supply liners for waste receptacles, replace light bulbs and fluorescent tubes, remove waste materials from the Premises, and wash receptacles as necessary. 2. Mop all uncarpeted areas. 3. Vacuum all carpeted areas in offices, lobby, and corridors. 4. Hand-dust all office furniture, fixtures, and all other horizontal surfaces. 5. Remove all finger marks and smudges from doors, door frames, around light switches, and from private entry glass and partitions. 6. Spot-clean carpet as necessary. 7. Clean sink and wipe down tables and counter areas in all break areas and coffee bars. WEEKLY: Wipe clean and polish all metal and bright work. 2. Mop and polish all resilient flooring. Use "wet floor" signs to indicate wet areas. Dust in place all picture frames, charts, graphs, and similar wall hangings. 4. Spot-clean all wall marks. 5. Sweep balcony. 25H-13 6. Clean finger prints/markings from interior windows. 7. Clean and maintain balcony drainage. MONTHLY: 1. Dust all miniblinds with the Premises. 2. Vacuum all HVAC vents, high moldings and other areas not reached by nightly or weekly cleaning. 3. Scrub and wax uncarpeted floors. 4. Clean exterior windows. SEMIANNUALLY: 1. Clean ceiling light diffusers. 2. Clean carpet in high-traffic areas (corridors, near lunchroom, etc.) and other areas as needed. 3. Clean interior walls as needed. 4. Strip and wax uncarpeted floors. ANNUALLY.• Clean carpet throughout Premises. RESTROOMS MONDAY, WEDNESDAY, FRIDAY (CITY OF SANTA ANA HOLIDAYS EXCEPTED): 1. Clean and damp-mop floors. 2. Wash all mirrors, bright work and enameled surfaces. 3. Wash and sanitize all basins, bowls, urinals, and toilet seats. 4. Clean, and wash down all partitions, the walls, dispensers and receptacles. 5. Empty and sanitize all receptacles and sanitary napkins disposals. 2 25H-14 6. Provide materials and fill all toilet tissue, towel, seat cover, sanitary napkin and soap dispensers. MONTHLY.• Machine-strip restroom floors and apply finish/sealer where applicable. 2. Wash all partitions, the walls, and enamel surfaces. 3. Vacuum all louvers and vents, and dust light fixtures. MSCELLANEOUS SERVICES Maintain building lobby, corridors, stairwell to space, and other public areas in a clean condition. 25H-15 25H-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: AN ORDINANCE REPEALING AND READOPTING CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE TO INCORPORATE THE MOST RECENTLY ENACTED FEDERAL MODEL FLOODPLAIN MANAGEMENT REGULATIONS tL ~~~~~~ ~i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance repealing and readopting Chapter 7 of the Santa Ana Municipal Code to comply with Federal Flood Plain Management Regulations. DISCUSSION Santa Ana enforces floodplain management ordinances to comply with federal law in order that residents and business owners may obtain federally insured construction loans and the opportunity to obtain reduced flood insurance rates. Periodically, FEMA updates the regulations and requires enforcement jurisdictions to comply in order to maintain eligibility for federally insured loans. While the Santa Ana River improvements have removed most of the City from the danger of flooding, a small portion of the northwest of the City and an area adjacent to the Santiago Creek bed shown on FEMA maps remain subject to potential flooding. The FEMA maps indicate shallow flooding potential; consequently the impact on construction is expected to be minimal. Environmental Impact In accordance with the California Environmental Quality Act, the proposed ordinance is exempt from further review and Exemption for Environmental Review No. 2009-81 will be filed for this ordinance. .. Jay M. Trevino Executive Director Planning & Building Agency FH:rb RB/Reports/Ordinance Ch7 Revisions 2009.cc 50A-1 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND READOPTING CHAPTER 7 OF THE SANTA ANA MUNICIPAL CODE UPDATING THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS TO MEET CURRENT FEDERAL REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa enforces regulations adopted by the Federal Emergency Management Agency ("FEMA") in order that its residents may obtain reasonable flood insurance and be eligible for federally insured loans. B. FEMA has amended its regulations and requires the City to adopt those amendments to comply with these new regulations in order for these protections to continue for City property owners located in floodplains. C. A small portion of the northwest area of the City and an area adjacent to the Santiago Creek bed are subject to FEMA regulations as those areas may experience shallow flooding. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption 2009-81 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Ordinance No. NS-XXX 50A-2 Page 1 of 28 Section 3. Chapter 7 of the Santa Ana Municipal Code, entitled "Floodplain Management Regulations," together with all amendments thereto, and consisting of Sections 7-1 through 7-56 inclusive, is hereby repealed. Section 4. Santa Ana Municipal Code is hereby amended by adding a chapter, numbered Chapter 7, to read in full as follows: Chapter 7 -Floodplain Management Regulations ARTICLE I. IN GENERAL Sec.7-1. Authorization. Pursuant to section 200 of its Charter, the City has the explicit authority to make and enforce all laws and regulations in respect to, including all provisions of this chapter. In addition, the Legislature of the State of California has in Government Code sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Santa Ana does hereby adopt the following floodplain management regulations. Sec. 7-2. Findings of Fact. (a) The flood hazard areas of the City of Santa Ana are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses. Sec. 7-3. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide, mudflow or flood related erosion areas. These regulations are designed to: (a) Protect human life and health; Ordinance No. NS-XXX Page 2 of 28 50A-3 (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; (g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 7-4. Methods of Reducing Flood Loss. In order to accomplish its purposes, this ordinance includes regulations to: (a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (d) Control filling, grading, dredging, and other development which may increase flood damage; and (e) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Sec.7-5. Definitions. Ordinance No. NS-XXX 50A-4 Page 3 of 28 Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "'A' zone" -see "Special flood hazard area." "Accessory structure" means a structure that is either: (a) Solely for the parking of no more than 2 cars; or (b) A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter, where right to appeal is provided herein. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" -See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter. "Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Building" -see "Structure". "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Ordinance No. NS-XXX Page 4 of 28 50A-5 "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before November 1, 1979. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and (b) The condition resulting from flood-related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the foodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source -see "Flooding." "Floodplain Administrator" is defined in section 7-13. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency Ordinance No. NS-XXX 50A-6 Page 5 of 28 preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93, or successor bulletins. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to in this chapter as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Article IV of this chapter, means that the floodplain variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Santa Ana will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Hardship" means the floodplain exceptional hardship that would result from a failure to grant the requested floodplain variance. The request for floodplain variance be unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Ordinance No. NS-XXX Page 6 of 28 50A-7 "Historic structure" means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on the City's list of historic places, adopted pursuant to Chapter 30 of this Code. "Levee" means aman-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see definition of "Basement"). (a) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: (1) The flood openings standard in section 7-17, (2) The anchoring standards in section 7-17(a), (3) The construction materials and methods standards in section 7-17(b), and (4) The standards for utilities in section 7-18. (b) For residential structures regulated by this chapter, all subgrade enclosed areas are prohibited as they are considered to be basements (see definition of "Basement"). This prohibition includes below-grade garages and storage areas. Ordinance No. NS-XXX 50A-8 Page 7 of 28 "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" means the substantial damage/improvement procedures referenced in section 7-14(b)(1). "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAND) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after November 1, 1979, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after November 1, 1979. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One-hundred-year flood" or "100-year flood" -see "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Article IV of this chapter, means that the granting of a floodplain variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Ordinance No. NS-XXX Page 8 of 28 50A-9 "Recreational vehicle" means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light-duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including but not limited to tributaries, streams and brooks. "Sheet flow area" -see "Area of shallow flooding." "Special flood hazard area (SERA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, or, AH. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part Ordinance No. NS-XXX 50A-1 0 Page 9 of 28 of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Floodplain variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAND) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Sec. 7-6. Lands to which this chapter applies. Ordinance No. NS-XXX Page 10 of 28 50A-11 This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. Sec. 7-7. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the County of Orange dated February 18, 2004, with accompanying Flood Insurance Rate Maps (FIRM's) dated February 18, 2004, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City of Santa Ana by the Floodplain Administrator. The study and FIRM's are on file at Building Safety Division of City of Santa Ana at 20 Civic Center Plaza in the City. Sec. 7-8. Compliance; violation. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. Sec. 7-9. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 7-10. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the City; and (c) Deemed neither to limit nor repeal any other powers granted under this Code, state or federal law. Sec. 7-11. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood Ordinance No. NS-XXX 50A-12 Page 11 of 28 hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Sec.7-12. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. ARTICLE II: ADMINISTRATION Sec. 7-13. Designation of the Floodplain Administrator. Except as to Article V of this chapter, the Executive Director of Planning and Building Agency shall be designated as the Floodplain Administrator and administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. With respect to Article V of this chapter, the Executive Director of the Public Works Agency shall be designated as the Floodplain Administrator and administer, implement, and enforce said Article. Sec. 7-14. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: (a) Permit review. Review all development permits to determine: (1) Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; (2) All other required state and federal permits have been obtained; (3) The site is reasonably safe from flooding; (4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect Ordinance No. NS-XXX Page 12 of 28 50A-13 of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City; and (5) All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. (b) Development of substantial improvement and substantial damage procedures. (1) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings" as amended from time to time, develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." (2) Assure procedures are coordinated with other departments/divisions and implemented by community staff. (c) Review, use, and development of other base flood data. When base flood elevation data has not been provided in accordance with section 7-7, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article III of this chapter. NOTE: Abase flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone AAreas - A Guide for Obtaining and Developing Base (100- year) Flood Elevations" dated July 1995, as amended from time to time. (d) Notification of other agencies. (1) Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Ordinance No. NS-XXX 50A-14 Page 13 of 28 (2) Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. (3) Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (e) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: (1) Certification required by sections 7-17(c)(1) and 7-20 (lowest floor elevations); (2) Certification required by section 7-17(c)(2) (elevation or floodproofing of nonresidential structures); (3) Certification required by section 7-14(c)(3) (wet floodproofing standard); (4) Certification of elevation required by section 7-19(a)(3) (subdivisions and other proposed development standards); (5) Certification required by section 7-22(b) (floodway encroachments); and (6) Maintain a record of all floodplain variance actions, including justification for their issuance, and report such floodplain variances issued in its biennial report submitted to the Federal Emergency Management Agency. (f) Map Determination. Ordinance No. NS-XXX Page 14 of 28 50A-15 Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. Such determination may be appealed by any interested person as provided in section 7-25. (g) Remedial Action. Take action to remedy violations of this chapter as specified in section 7-8. (h) Biennial Report. Complete and submit Biennial Report to FEMA. (i) Planning. Assure the City's General Plan is consistent with floodplain management objectives herein. Sec. 7-15. Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in section 7-7. Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information: (a) Plans in duplicate, drawn to scale, showing: (1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; (2) Proposed locations of water supply, sanitary sewer, and other utilities; (3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; (4) Location of the regulatory floodway when applicable; (5) Base flood elevation information as specified in sections 7-7 and 7-14(c); (6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and (7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in section 7- 17(c)(2) in FEMA Technical Bulletin TB 3-93, as it may be amended from time to time. (b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in section 7-17(c)(2). Ordinance No. NS-XXX 50A-16 Page 15 of 28 (c) For acrawl-space foundation, location and total net area of foundation openings as required in section 7-17(c)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93 as it may be amended from time to time. (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (e) All appropriate certifications listed in section 7-14(e) of this chapter. ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 7-17. Standards of construction. In all areas of special flood hazards the following standards are required: (a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: (1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; (2) Using methods and practices that minimize flood damage; (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (c) Elevation and floodproofing. Ordinance No. NS-XXX Page 16 of 28 50A-17 (1) Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: a. In AE, AH, Al-30 Zones, elevated to or above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under section 7-14(c). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. (2) Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with section 7-17(c)(1), or: a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under section 7-17)(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of section 7-17(c)(2)(a) & (b) are satisfied. Such certification shall be provided to the Floodplain Administrator. (3) Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic Ordinance No. NS-XXX Page 17 of 28 50A-18 flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: a. For non-engineered openings: 1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. (4) Manufactured homes. a. See section 7-20. (5) Garages and low cost accessory structures. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See section 7-17(c)(3). Areas of the garage below the BFE must be constructed with flood resistant materials (see section 7-17(b)). 2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6, as it may be amended from time to time. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as Ordinance No. NS-XXX Page 18 of 28 50A-19 defined in section 7-5, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. Use of the accessory structure must be limited to parking or limited storage; b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials; c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; a. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; b. The accessory structure must comply with floodplain encroachment provisions in section 7-22; and c. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with section 7- 17(c)(3). 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in section 7-17. Sec. 7-18. Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: (1) infiltration of flood waters into the systems; and a. Discharge from the systems into flood waters. (b) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. Sec. 7-19. Standards for subdivisions and other proposed development. (a) All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall: Ordinance No. NS-XXX 50A-20 Page 19 of 28 (1) Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans. (3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade. (b) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. (c) All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (d) All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. Sec. 7-20. Standards for manufactured homes. (a) All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: (1) Within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the Ordinance No. NS-XXX Page 20 of 28 50A-21 provisions of section 7-20(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: (1) Lowest floor of the manufactured home is at or above the base flood elevation; or (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. Sec. 7-21. Standards for recreational vehicles. (a) All recreational vehicles placed in Zones Al-30, AH, and AE will either: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (3) Meet the permit requirements of section 7-15 and the elevation and anchoring requirements for manufactured homes in section 7-20(a). Sec.7-22. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (a) Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones Al-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City.. (b) Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided Ordinance No. NS-XXX Page 21 of 28 50A-22 demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (c) If section 7-22(a) & (b) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this Article III. ARTICLE IV. FLOODPLAIN VARIANCE PROCEDURE Sec. 7-23. Nature of floodplain variances. The issuance of a floodplain variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a floodplain variance. The floodplain variance criteria set forth in this section of the chapter are based on the general principle of zoning law that floodplain variances pertain to a piece of property and are not personal in nature. A floodplain variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. Floodplain variances shall be approved only in rare circumstances. The long term goal of preventing and reducing flood loss and damage can only be met if floodplain variances are strictly limited. Therefore, the floodplain variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a floodplain variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a floodplain variance are more appropriate. Sec. 7-24. Conditions for floodplain variances. (a) Generally, floodplain variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles II and III have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the floodplain variance increases. (b) Floodplain variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 7-5) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as Ordinance No. NS-XXX Page 22 of 28 50A-23 an historic structure and the floodplain variance is the minimum necessary to preserve the historic character and design of the structure. (c) Floodplain variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. (d) Floodplain variances shall only be issued upon a determination that the floodplain variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of floodplain variances to an elevation requirement, this means the City need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City finds will both provide relief and preserve the integrity of this chapter. (e) Any applicant to whom a floodplain variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a floodplain variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the County Recorder's Office of the County of Orange and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (f) The Floodplain Administrator will actions, including justification for variances issued in its biennial Management Agency. maintain a record of all floodplain variance their issuance, and report such floodplain report submitted to the Federal Emergency Sec.7-25. Appeals. (a) In passing upon requests for floodplain variances, the City's Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: (1) Danger that materials may be swept onto other lands to the injury of others; (2) Danger of life and property due to flooding or erosion damage; (3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; Ordinance No. NS-XXX 50A-24 Page 23 of 28 (4) Importance of the services provided by the proposed facility to the community; (5) Necessity to the facility of a waterfront location, where applicable; (6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) Compatibility of the proposed use with existing and anticipated development; (8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) Safety of access to the property in time of flood for ordinary and emergency vehicles; (10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. (b) Floodplain variances shall only be issued upon a: (1) Showing of good and sufficient cause; (2) Determination that failure to grant the floodplain variance would result in exceptional "hardship" to the applicant; and (3) Determination that the granting of a floodplain variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or chapters. (c) Floodplain variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of section 7-25 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. (d) Upon consideration of such factors, the Planning Commission may approve, deny or approve with conditions any request for a floodplain variance. Ordinance No. NS-XXX Page 24 of 28 50A-25 (e) The Planning Commission shall hear such other appeals as are authorized by this chapter. ARTICLE V. PUBLIC WORKS MANAGEMENT STANDARDS Sec. 7-26. General development standards. The Floodplain Administrator shall review the following proposals for development in the Special Flood Hazard Area (a) All public works construction proposals; (b) All tentative subdivision maps; and, (c) All development proposals referred to him pursuant to section 7-25; and shall approve, conditionally approve, or disapprove them based on his determination of whether the following standards are satisfied: (1) The proposed development must be consistent with the need to minimize flood damage within the Special Flood Hazard Area. (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize or eliminate flood damage. (3) Adequate drainage must be provided to reduce exposure to flood hazards. Within the Special Flood Hazard Area, adequate drainage paths around structures on slopes must be provided to guide floodwaters around and away from proposed structures. Sec. 7-27. Base flood elevation data. No tentative or final subdivision map which pertains to a proposed subdivision greater than fifty (50) lots or five (5) acres, whichever is less, in the Special Flood Hazard Area shall be approved unless base flood elevation data is included in or with the tentative map. Sec. 7-28. Water supply systems. The Floodplain Administrator shall assure that new and replacement water supply systems in the Special Flood Hazard Area are designed to minimize or eliminate infiltration of floodwaters into the systems. Ordinance No. NS-XXX 50A-26 Page 25 of 28 Sec. 7-29. Sewerage systems. The Floodplain Administrator shall assure that new and replacement sanitary sewerage systems in the Special Flood Hazard Area are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. Sec. 7-30. Waste disposal systems. The Floodplain Administrator shall assure that on-site waste disposal systems in the Special Flood Hazard Area are located to avoid impairment to them or contamination from them during flooding. Sec. 7-31. Watercourse alterations. The Floodplain Administrator shall notify adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse in riverine situations. He shall submit copies of such notifications to the federal insurance administrator. He shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shalt 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 Ordinance No. NS-XXX Page 26 of 28 50A-27 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 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 50A-28 Ordinance No. NS-XXX Page 27 of 28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: J'TTLY 6, 2009 TITLE: RESOLUTION CERTIFYING FINAL 3UPPLEMSNTAL EIR NO. 2009-1 FOR PROPOSED FAIRHAVEN/LINCOLN CLOSURE AND SANTA CLARA/LINCOLN INTERSECTION MODIFICATION ~~< 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 Adopt a resolution certifying Final Supplemental Environmental Impact Report No.2009-1 for the proposed Fairhaven/Lincoln Closure and Santa Clara/ Lincoln intersection modification. DISCUSSION The Southern California Regional Rail Authority (SCRRA) prepared an Environmental Impact Report (EIR) in 2002 to complete the final 1.8-mile segment of improvements to stations and track to improve operations for passenger and freight service on the Los Angeles to San Diego Corridor. The Final EIR was certified on June 4, 2002. The installation of a second main track and related intersection, roadway, and landscaping improvements were completed as proposed in the Final EIR in April 2007. Since completion of the project, new information has been received with regard to design safety enhancements that will require additional environmental analysis, in accordance with the California Environmental Quality Act (CEQA) Guidelines. Changes to the road right-of-way at the intersection of Fairhaven/Lincoln Avenues resulted in inadequate turn radii for large trucks making a left turn from westbound Fairhaven Avenue to southbound Lincoln Avenue. As a result, in May 2007 the City closed Lincoln Avenue at the request of California Public Utilities Commission (CPUC) to all traffic from Fairhaven Avenue to Park Lane until this issue is resolved. The City has considered several changes to the original project to address the issues along Lincoln Avenue at the Fairhaven and Santa Clara Avenue intersections. However, based on a directive give by the CPUC the only viable solution is to reconfigure Fairhaven Avenue to terminate as a cul-de-sac east of the railroad tracks. This option would also allow the intersection to qualify for a quiet zone. 55A-1 Resolution Certifying SEIR No.2009-1 July 6, 2009 Page 2 Therefore, the City has decided to proceed with the CPUC's directive and permanently close Fairhaven Avenue at Lincoln Avenue. Two-way traffic would be maintained on Lincoln Avenue from Park Lane to Santa Clara Avenue. At the intersection of Santa Clara and Fairhaven, a traffic signal is recommended to better facilitate traffic movement. Also, the roadway profile along Lincoln Avenue at its intersection at Santa Clara will be modified to improve roadway safety. In order to implement these changes for the two intersections, CEQA requires the preparation and approval of a Final Supplement to the Santa Ana Second Main Track Environmental Impact Report (Final SEIR). The Final SEIR describes the proposed project and evaluates the potential environmental effects of the project. The environmental issues analyzed in the SEIR include aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, land use and planning, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. On January 27, 2009 a Notice of Preparation and Initial Study was circulated for a 30-day public review period for the preparation of the Draft SEIR No. EIR 2009-1. Issues raised by the agencies and the community included: 1) potential traffic impacts from Fairhaven/Lincoln intersection modification, 2) potential noise impacts, and 3) potential air quality impacts. The SEIR was then prepared based on information provided in the IS, as well as issues expressed in the comments to the NOP. In accordance with CEQA, a Draft SEIR was circulated for review and comment by the public, local, regional and state agencies and interested parties on March 6, 2009 for a 30-day review period. Only three comment letters were received during the public review period. All three were from public agencies and two agencies had no comments. The third agency, the CPUC, had comments concerning access to the rail right-of-way for rail maintenance vehicles at the Fairhaven/Lincoln intersection. The CPUC also recommended that a new railroad crossing pre-signal be installed at the Santa Clara/Lincoln intersection for westbound traffic to prevent traffic from queuing onto or near the tracks and to prevent vehicles from getting trapped between the railroad crossing gates. The CPUC's recommendations and directive concerning the Fairhaven closer have been incorporated into the final design for the two railroad crossings and are reflected in the revised project descriptions in the Final SEIR. 55A-2 Resolution Certifying SEIR No.2009-1 July 6, 2009 Page 3 Staff is requesting that Council adopt a resolution certifying the Final SEIR for the proposed Fairhaven/Lincoln and Santa Clara/Lincoln intersection modifications (Exhibit 1). By adopting this resolution, OCTA can proceed with constructing the proposed modifications as part of the total package of Rail-Highway Grade Crossing Safety Enhancements for Orange County. In summary, the City has evaluated the comments on environmental issues received from persons or agencies. In accordance with CEQA, each of the public agencies and interested parties that comment on the Draft SEIR will be provided a response to their comments. Additionally, since the environmental analysis concluded that all impacts associated with the project were determined to be less than significant, no Mitigation Monitoring Program or Findings of Fact and Statement of Overriding Considerations are required. ENVIRONMENTAL IMPACT The environmental analysis contained in the Final SEIR concludes that all impacts associated with the project are identified as less than significant (Exhibit 2). FISCAL IMPACT The cooperative agreement with OCTA for Railroad Grade Crossing Safety Enhancements and Quiet Zone Improvement Projects requires a local match of 12 percent in City funds. The estimated cost to the City for these intersection modifications is $113,000. This number may be slightly adjusted pending final design after the Final SEIR is certified. Funds have been allocated in the Measure M - Turnback Fund (account no. 32- 551-6631, project 09-1745-C). ,, ` l ames G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: S n Francisco Gutierrez Executive Director Finance & Management Services Agency 55A-3 RESOLUTION 2009-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR FAIRHAVEN/LINCOLN AND SANTA CLARA/LINCOLN INTERSECTION MODIFICATIONS, SUPPLEMENT TO THE SANTA ANA SECOND MAIN TRACK ENVIRONMENTAL IMPACT REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. As part of the proposal to construct a second track to replace the single track from the north city limits to Santa Ana Boulevard (the "Double Track project"), an Environmental Impact Report ("EIR") was prepared and certified. After certification, it was determined that the intersection of Fairhaven and the new Double Track could require additional safety enhancements. Additional environmental review was conducted covering the proposal to close the intersection of Fairhaven and Lincoln for the foreseeable future ("the Project"). B. Notice of Preparation (NOP) and Initial Study for the additional environmental review necessary to consider the Project was released fora 30-day public review period from January 27, 2009 to February 26, 2009. C. A Draft Supplement to an Environmental Impact Report ("DSEIR"), attached hereto as Exhibit "A" and by this reference incorporated herein, for the Project (State Clearinghouse #2008101006) was prepared and circulated on March 6, 2009 for a shortened 30-day public review period pursuant to the California Environmental Quality Act ("CEQA") as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Code of Regulations Section 15000 et. seq. D. Notice was provided to the public, government agencies and all other interested parties that they may submit written comments on the NOP and DSEIR to the City. E. A Final Supplement to an Environmental Impact Report ("FSEIR"), attached hereto as Exhibit "B" and by this reference incorporated herein, for the Project has been prepared in accordance with CEQA as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Code of Regulations Section 15000 et. seq.) and incorporates the DSEIR with changes and revisions thereto, 55A-4 comments received on the DSEIR, a list of persons, organizations and public agencies that commented on the DSEIR, and the written responses to comments. F. No significant environmental impacts were identified in the DSEIR or the FSEIR, pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code, no written findings for alternatives and significant environmental impacts are required. G. No mitigation measures were required to reduce or avoid significant environmental impacts of the Project, and for this reason no Mitigation and Monitoring Program is required pursuant to Section 21081.6 of the Public Resources Code. H. The City Council has reviewed the FSEIR and accompanying attachments. I. An Initial Study, DSEIR, and FSEIR have been prepared, advertised, and circulated for public comment pursuant to the California Environmental Quality Act. Section 2. The City Council has reviewed and considered the environmental documentation and information included in the staff report prior to certifying the FSEIR in Exhibit "B" hereto, and finds and determines that the FSEIR fully addresses the potential environmental impacts, and that the document reflects the independent judgment of the City Council. Section 3. The City Council hereby certifies the FSEIR for the Project incorporated in this Resolution by reference, based on the information and findings presented in the staff report, supporting exhibits and attachments, and the following: A. The FSEIR for the Project has been prepared in compliance with CEQA and the State CEQA Guidelines; and B. The information contained in the FSEIR for the Project provides an adequate assessment of the potentially significant impacts incurred by the Project. Section 4. The City Council declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 55A-5 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 55A-6 Attachments: Exhibit A -Draft Fairhaven/Lincoln and Santa Clara/ Lincoln Intersection Modifications, Supplement to the Santa Ana Second Main Track Environmental Impact Report (2000091065). SCH #2008101006. March 2009 Exhibit B -Final Fairhaven/Lincoln and Santa Clara/ Lincoln Intersection Modifications, Supplement to the Santa Ana Second Main Track Environmental Impact Report (2000091065). SCH #2008101006. April 2009 55A-7 55A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2009-10 _f ~ ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2009-10 DISCUSSION The State of California Constitution includes p limit ("the Gann Limit") on tax proceeds that expenditures by a local government in any given the cities establish this limit by resolution. resolution is necessary for compliance with these year ending June 30, 2010. rovisions, which impose a may be appropriated for fiscal year and requires Adoption of the subject provisions for the fiscal As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds of Taxes" is calculated to be $786,900,610 (Exhibit A) for FY 2009-10. This represents the permitted growth rate factor of 23.3915 times the adjusted base year (1978-1978) appropriation limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase; Exhibit C categorizes FY 2009-10 anticipated revenues from "Proceeds of Taxes" and "Non-Proceeds of Taxes"; and Exhibit D computes the fiscal year 2009-2010 appropriations subject to this limitation and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit D the City's anticipated FY 2009- 10 "Proceeds of Taxes" revenue will be $657,767,300 below the allowable limit. FISCAL IMPACT There is no fiscal impact associated with this action. ~, Francisco Gutierrez Executive Director Finance & Management Services Agency 55B-1 EXHIBIT A COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2010 Appropriation Limit: 1978-79 Base Year Permitted Growth Rate in appropriation (Exhibit B) Appropriation Limit for the Fiscal Year Ending June 30, 2010 33,640,451 23.3915 $ 786,900,610 55B-2 EXHIBIT B CALCULATION OF PERMITTED GROWTH RATE IN APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2010 Factor 2009-10: California CPI: 0.62% Converted into a Factor 1.0062 Population Growth: 1.02% Converted into a Factor: 1.0102 Rates of Change: 1.0062 x 1.0102 1.0165 Multiplied by 2008-09 Combined Index 23.0118 Combined Index 1979-80 through 2009-2010 23.3915 55B-3 EXHIBIT C SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2010 PROCEEDS NON-PROCEEDS REVENUE OF TAXES OF TAXES TOTALS TAXES: Property Tax $ 57,150,437 $ $ 57,150,437 Sales Tax 38,108, 715 38,108, 715 Hotel Visitors' Tax 6,035,945 6,035,945 Business Tax 9,304,760 9,304,760 Documentary Stamp Tax 575,000 575 000 Utility Users'Tax 28,098,975 , 28,098,975 Total Taxes 139,273,832 139,273,832 FROM STATE: State Motor Vehicle 1,015,380 1,015 380 State Gas Tax 5,811,325 , 5,811 325 Prop 1B 6,954,000 , 6,954 000 State Cost Reimbs 231,500 , 231 500 State Grants 277,071 , 277 071 AOMD AB 2766 , TCR A62928 5,101, 938 , 5,101 938 Total State 1,015,380 18,375,834 , 19,391,214 OTHER GOVERNMENT: Community Development (CDBG) 7,198,600 7,198 600 Homeowners Prop tax subve 154,700 , 154 700 UASI Grant 20,263,268 , 20,263 268 Housing (HUD) 30,588,340 , 30,588 340 WIA Measure M, Street Grand, Gas Tax Exch 4,113,670 41,159,419 , 4,113,670 41 159 419 HO PWA 1,402, 000 , , 1,402, 000 ARRA 2009 Civic Center and Park 5,810,204 5,810,204 Other Federal Grants 5,513,202 5,513,202 Total Other Government 154,700 4,499,776 120,548,479 4,499,776 120,703,179 55B-4 Exhibit C Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Development Fees Fines and Forfeitures Charges for Services Parks and Recreations From Use of Property Others Others -Inter-Agency Total Locally Raised OTHER MISCELLANEOUS: Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Refuse Program Saving Refuse Contract Program Surcharge Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment TOTAL REVENUES PROCEEDS OF TAXES 0 433,318 NON-PROCEEDS OF TAXES 4, 707, 362 2,714,210 1, 576, 966 8,484,872 10,112,576 1,699,600 14,151,450 1, 793,279 9,693,180 54,933,495 38,448 1,171,175 1,529,415 2, 515, 000 36, 954, 913 1,239,325 5, 047, 365 42,263,865 90, 759, 506 997,718 TOTALS 4,707,362 2,714,210 1, 576, 966 8,484,872 10,112,576 1, 699,600 14,151,450 1,793,279 9,693,180 54,933,495 38,448 1,171,175 1,529,415 2,515,000 36, 954, 913 1,239, 325 5,047,365 42,263,865 90, 759, 506 1,431,036 $ 140,877,230 $ 285,615,032 $ 426,492,262 55B-5 EXHIBIT D APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2010 Proceeds from taxes Less: Exclusions: Capital outlay Appropriation subject to limitation Current year limit Over(under) limit $ 140,877,230 11, 743, 920 $ 129,133,310 786,900,610 $ (657,767,300) 55B-6 Iss:6/16/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2009-2010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in November 1978, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978-79 as adjusted for inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111 which amended Article XIII B to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year, or the percentage change in the jurisdiction's local assessment roll from the preceding year due to the addition of local non-residential new construction. C. Proposition 111 further modified Article XIII B requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. 55B-7 F. Division 9 of Title I of the Government Code of the State of California (commencing with section 7900), as enacted by 1980 Statutes, Chapter 1205, effective January 1, 1981, directs the governing body of each local jurisdiction each year to establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution, by resolution, at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came on before the City Council at its regularly scheduled meeting of July 6, 2009. H. The Executive Director, Finance and Management Services of the City of Santa Ana has determined the City's appropriation limit for fiscal year 2009-2010 in accordance with the said provisions of the Constitution and laws of the State of California and the documentation used in said determination has been available to the public since not later than June 19, 2009 in the office of the Executive Director, Finance & Management Services. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2009-2010 is hereby found and determined to be $774,127,330.00. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2009. Miguel A. Pulido Mayor 55B-8 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 55B-9 55B-10 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: RESTRUCTURE CITY BOARDS, CONIl~+SISSIONS, AND CONII~lITTEES (APPOINTIVE BOARDS) ~~ 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. Place ordinances on first reading and authorize publication: a. Ordinance repealing Santa through ~2-609 relating to th b. Ordinance repealing Santa through §2-554 relating to Intervention Commission. c. Ordinance amending Santa relating to compensation commissions . Ana Municipal Code §2-603 e Library Board. Ana Municipal Code §2-550 the Early Prevention and Ana Municipal Code ~2-325 for members of boards, 2. Adopt a resolution repealing Resolutions No. 93-054 and No. 2002-085 relating to the Human Relations Commission. 3. Direct City staff to prepare a recommended ordinance creating a new seven member City Commission focused on enhancing opportunities for youth in Santa Ana to significantly reduce gang involvement. 4. Direct that the Historic Resources Commission and Youth commission reduce their meetings from monthly to a quarterly or as needed basis as determined by the Executive Directors of Planning and Building, and Parks and Recreation, respectively, and direct that the Environmental Transportation and Advisory Committee meet on an as needed basis as determined by the Executive Director of the Public Works Agency. 65A-1 Restructure City Boards and Commissions July 6, 2009 Page 2 DISCUSSION On March 2, 2009 the City Council adopted a motion to create an Ad Hoc Council Committee comprised of Councilmembers Benavides, Martinez, and Sarmiento to review the structure of the City's boards and commissions. The City Council also instructed staff to suspend the regular meeting schedules of the Early Prevention and Intervention Commission (EPIC), Environmental and Transportation Advisory Committee (ETAC), Historic Resources Commission, Human Relations Commission, Library Board, and the Youth Commission during the time that the Ad Hoc Committee was reviewing the matter. On March 23, 2009 the Committee heard testimony from members of the various appointive boards and interested members of the community at a forum held in the Police Community Room. All boards and commissions were represented at this meeting. The testimony given by participants illustrated the commitment and dedication that the various members have to their respective boards. Many cost saving suggestions were made at this meeting. Following this meeting, the Committee held four other meetings and met with the liaison Agency Heads to discuss recommendations related to balancing current fiscal concerns with encouraging citizen participation in addressing core issues in the City. The Ad Hoc Committee is not currently looking at changes in the three Charter boards/commissions, including the Personnel Board, Board of Parks and Recreation, and the Planning Commission, or the Community Redevelopment and Housing Commission. However, the Board of Parks and Recreation will be taking on additional duties related to the Library function which has been transferred to the Parks, Recreation and Community Services Agency. The Ad Hoc Committee is recommending the following: Historic Resources Commission • Temporarily reduce number of regular meetings from monthly to quarterly. • Focus Commission's actions to those statutorily required by Chapter 30 of the Municipal Code. • Limit the number of Historic Property Preservation agreements (Mills Act) to twenty-five per calendar year. Human Relations Commission and Early Prevention and Intervention Commission (EPIC) 65A-2 Restructure City Boards and Commissions July 6, 2009 Page 3 • Repeal implementing legislation creating these two commissions. • Direct City staff to return to the Ad Hoc Committee with a recommended ordinance creating a new seven member City Commission focused on enhancing opportunities for youth in Santa Ana to significantly reduce gang involvement. The new commission should combine the efforts of the Human Relations Commission and EPIC. • Staff will comply with federal regulations to convene an annual community-based committee to review the Community Development Block Grant applications and make recommendations to the City Council. Library Board • Repeal implementing ordinance establishing the Library Board. • Transfer functions to the Board of Parks and Recreation. A Board of Recreation and Parks Committee on Library Services will be created to continue the duties of the Library Board. This committee would be open for community representation based on guidelines created by the Parks and Recreation, and Community Services Agency. Selections to the committee will be made by the Executive Director of Parks and Recreation Agency. Youth Commission • Temporarily reduce number of regular meetings from monthly to quarterly or on an as needed basis. Environmental and Transportation Advisory Committee (ETAC) • Continue review of activities appropriate for this committee by the Ad Hoc Committee in view of the number of green initiatives being considered and/or implemented by the City. • Meet on an as needed basis, as determined by the Executive Director of the Public Works Agency. As the City's financial position is reviewed in the 2009-10 fiscal year, the Ad Hoc Committee recommends that the structure of the various boards and commissions also be re-examined by the City Manager and City Council to ensure that the diverse issues and challenges facing the City are adequately addressed, and that the boards and commissions are given the resources needed to provide the City Council and City staff with invaluable insight and information for fact-based decision making. 65A-3 Restructure City Boards and Commissions July 6, 2009 Page 4 FISCAL IMPACT Dissolving the Human Relations Commission, Library Board, and the Early Prevention and Intervention Commission (EPIC) will save the City's General Fund approximately $83,500. The recommended changes related to the Youth Commission and Historic Resources Commission will save approximately $226,595 in the City's General Fund, and an additional savings of approximately $54,000 will be realized in City Enterprise Funds by the reduction in the number of meetings for the Environmental and Transportation Advisory Committee. ,-- ~.C ~ ~'~ Patricia E. Healy.. Clerk of the Council I 6 5A-4 (JXS 07/01/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING SECTIONS 2-603, 2-604 and SECTION 2-607 OF ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICPAL CODE, RELATED TO DISSOLUTION OF THE LIBRARY COMMISSION OF THE CITY OF SANTA ANA 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. The management of the City Library has been assumed by the Executive Director of Parks and Recreation and the Library shall become a division of the Parks & Recreation Agency. Therefore, function of the Library Board will be assumed by the Board of Recreation and Parks which is equipped to provide, without substantial diminution, the services provided by the Library Board. D. The following actions will preserve valuable community input and participation in city government while contributing to necessary reductions in city expenditures. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter 65A-5 Section 2. Sections 2-603 to 2-604 and Section 2-607 of the Santa Ana Municipal Code are hereby deleted in their entirety (existing language shown in strikeout for tracking purposes only): #}~n lihr~ni n}I~er +h r rl u y ~ a' - u - Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX 65A-6 Page 2 of_ ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Sr. Asst. City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 65A-7 Ordinance No. NS-XXX Page 3 of Qxs 07/01 /09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING SECTION 2-550 THROUGH SECTION 2-554 TO THE SANTA ANA MUNICPAL CODE RELATED TO EARLY PREVENTION AND INTERVENTION COMMISSION 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. The City's commitment to EPIC's core mission of prevention, that is, equipping at-risk youth to lead productive lives and to provide alternatives to gang affiliation, violence and drugs shall continue. The Ad Hoc Committee on Board and Commission Review is recommending the creation of a new smaller Board combining the efforts of the current Human Relations Commission and EPIC which shall be equipped to provide leadership in the area of prevention. D. The following action will preserve valuable community input and participation in city government while contributing to necessary reductions in city expenditures. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter 65A-8 Section 2. Sections 2-550 through 2-554 of the Santa Ana Municipal Code are hereby deleted in their entirety (existing language shown in strikeout for tracking purposes only): ~~ ~~ Ordinance No. NS-XXX 65A-9 Page 2 of _ Ordinance No. NS-XXX 6 5A- ~ ~ Page 3 of _ Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 65A-11 Ordinance No. NS-XXX Page 4 of _ 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 6 5A-12 Page 5 of _ (jxs 07/01/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 TO THE SANTA ANA MUNICPAL CODE RELATED TO COMPENSATION FOR BOARDS AND COMMISSIONS 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. The Library Board, Human Relations Commission and Early Prevention and Intervention Commission no longer exist as the City has either abolished and/or transferred the responsibilities of these bodies thus rendering compensation for member participation inapplicable. D. The following action will contribute to necessary reductions in city expenditures. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter Section 2. Section 2-325 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-325. Compensation for members of boards, commissions. 65A-13 The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. fib-- ' (#} (fl Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. {+} (g) Youth Commission, twenty-five dollars ($25.00) per meeting for each regular member; ten dollars ($10.00) per meeting for each alternate and associate; one (1) meeting per month, three (3) special meetings maximum per year. An alternate serving in place of a regular member due to regular member's absence shall be compensated at the rate of twenty-five dollars ($25.00) per meeting. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX 65A-14 Page 2 of _ ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 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 65A-15 Ordinance No. NS-XXX Page 3 of _ (jxs 07/01/09) RESOLUTION NO. 2009-XXX RESOLUTION DISSOLVING THE HUMAN RELATIONS COMMISSION OF THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. Many of the duties and responsibilities of the Human Relations Commission, as articulated by prior resolutions, have been assumed by other city boards and commissions and staff. The Ad Hoc Committee on Board and Commission Review has recommended that the remaining duties related to identifying the needs of the City's youth be transferred to anew smaller Board combining the efforts of the current Human Relations Commission and Early Prevention and Intervention Commission which also being dissolved. D. The following actions will preserve valuable community input and participation in city government while contributing to necessary reductions in city expenditures. Section 2. Resolution Nos. 93-054 and 2002-085 are hereby repealed and the Human Relations Commission of the City of Santa Ana shall be dissolved. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 65A-16 Resolution No. 2009-XXX Page 1 of 2 ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Sr. Asst. City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009-XXX 65A-~ 7 Page 2 of 2 65A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2008-2009 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the office of Auditor-Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board-ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charge for work performed on one parcel is $1,837.50 (Exhibit 1) The property owner name is provided in Exhibit 2. The most effective method of collection is to submit this charge to the office of the County Auditor/Controller in order that it may be placed as a lien on the property tax rolls. The charge must be submitted to the County by their deadline of August 10, 2009. 75A-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 6, 2009 Page 2 FISCAL IMPACT The recovered charge will result in an estimated $1,837.50 in the Special Repair and Demolition Fund (fund no. 121-01-5579). APPROVED AS TO FUNDS AND ACCOUNTS: JayjM. Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency_l' ER:rb rb\reports\FY08-09 Cost Recovery 75A-2 Jurisdiction 061 Santa Ana AC62L05A -Form B2 Type of Tax C-2 Special Assessment Add Transactions Date: July 6, 2009 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 AP 109-091-39 $1,837.50 TOTAL: $1,837.50 EXH/B/T 1 75A-3 DANGEROUS AND ABANDONED BUILDINGS AND STRUCTURES (D.A.B.S.) FISCAL YEAR 2008-2009 PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Felipe Mireles 1152 S. Clara 109-091-39 1152 S. Clara $1,837.50 Santa Ana, CA 92704 TOTAL: $1,837.50 EXHIBIT 2 7 5A-4 RESOLUTION NO. 2009-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 6th day of July, 2009, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County 75A-5 Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2009. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2009-2010 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney 75A-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-7 Jurisdiction 061 Santa Ana AC62L05A -Form B2 Type of Tax C-2 Special Assessment Add Transactions Date: July 6, Zoos PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 AP 109-091-39 $1,837.50 TOTAL: $1,837.50 EXHIBIT 1 75A-8 DANGEROUS AND A6ANDONED 6UILDINGS AND STRUCTURES (D.A.B.S.) FISCAL YEAR 2008-2009 PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Felipe Mireles 1152 S. Clara 109-091-39 1152 S. Clara $1,837.50 Santa Ana, CA 92704 TOTAL: $1,837.50 EXHIBIT 2 75A-9 75A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 6, 2009 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2008-2009 CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the fiscal year 2008-2009 Weed Abatement Program Report and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor-Controller, County of Orange. DISCUSSION The Public Works Agency operates a year-round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have 10 days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within 12 months for the same violation, the City assesses a posting charge. The property owner is notified of such outstanding charges every 30 days until the charges are paid. Each year the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels throughout the city (Exhibit 1) . This year there is $84, 891 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 2~. The most effective method of collection has been to submit these charges to the Office of the County Auditor-Controller. The fees are included in the property tax rolls and if in default, are payable when the property changes ownership. The County's deadline for inclusion is August 10, 2009. 75B-1 Resolution - Weed Abatement Public Nuisance Report Fiscal Year 2008-2009 July 6, 2009 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 68-O1-5415). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James G. oss Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 75B-2 EXHIBIT 1 Jurisdiction: Santa Ana Type of Tax: AC62LO5A - FORM B2 B8 Special Assessment Add Transactions Date: August 10, 2009 PARCEL 1JUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL Nt~dSER 6-15 ASSESSMENT AMOUNT 16-23 001-231-01 900 008-225-03 502 001-243-04 35 008-234-04 35 001-275-18 35 010-022-05 865 001-282-01 561 010-051-03 548 001-282-11 35 010-113-08 35 001-282-13 35 010-192-32 35 002-035-10 35 010-272-07 467 002-037-57 1425 010-283-21 35 002-102-32 555 010-284-16 35 002-241-OS 491 011-061-58 35 002-243-05 495 011-134-08 568 002-251-07 595 011-251-17 70 003-120-21 502 011-251-18 70 003-151-07 478 011-251-19 35 004-020-22 35 011-251-20 70 004-044-06 35 011-251-38 70 004-044-30 35 011-251-39 70 004-153-06 902 011-254-19 35 004-172-12 910 013-012-25 455 007-051-12 35 013-013-03 525 007-121-05 105 013-013-13 35 007-192-11 3334 013-015-11 505 007-264-01 35 013-031-04 35 007-264-03 35 013-033-16 495 007-321-04 35 013-072-25 545 007-322-05 962 013-092-16 35 008-091-08 35 013-093-07 35 008-131-06 685 013-101-26 1075 008-142-30 620 013-132-26 565 008-144-02 350 013-152-26 35 008-203-24 35 013-153-11 35 008-212-20 456 013-192-24 495 008-212-60 35 014-021-20 35 75B-3 Jurisdiction : Santa Ana Type of Tax: AC62LOSA -FORM B2 Special Assessment Add Transactions Date B8 August 10, 2009 PARCEL NICER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL Nt~93ER 6-15 ASSESSMENT AMOUNT 16-23 014-022-04 35 016-221-27 35 014-103-22 720 016-221-28 35 014-122-18 35 099-212-17 1209 014-202-06 35 099-213-43 455 014-214-13 35 099-222-24 35 014-223-32 35 099-222-39 35 014-392-01 35 099-224-40 35 014-402-01 35 100-161-30 70 014-403-24 467 100-223-04 467 014-424-02 495 100-241-31 35 015-042-08 934 100-242-10 35 015-050-09 35 100-242-44 70 015-067-08 403 100-422-03 35 015-073-12 35 101-041-25 456 015-083-02 70 101-041-36 755 015-083-03 35 101-055-09 456 015-083-07 1095 101-121-23 35 015-092-07 35 101-132-03 753 015-102-12 525 101-533-10 35 015-113-01 595 108-344-14 465 015-114-08 70 108-383-18 956 015-132-12 35 108-601-23 195 015-137-11 565 108-602-25 35 015-192-07 625 108-731-06 35 015-192-28 35 109-064-25 35 015-203-01 645 109-091-39 810 015-213-06 35 109-272-04 70 015-220-01 465 109-274-08 35 015-221-21 505 109-312-04 35 016-034-13 35 109-381-07 35 016-043-27 450 109-404-09 35 016-044-10 915 109-421-20 695 016-112-15 495 109-442-01 478 016-113-01 35 109-523-14 35 016-135-46 35 109-733-05 680 016-212-05 885 109-744-04 35 75B-4 Jurisdiction : Santa Ana Type of Tax: B8 AC62L05A -FORM B2 Special Assessment Add Transactions Date : August 10 , 2009 PARCEL NiA~ER 6-15 ASSESSMENT AMOUi+TT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 109-821-13 100 398-101-03 35 140-234-01 495 398-122-05 35 144-271-11 35 398-132-06 430 144-351-01 35 398-172-04 35 144-361-57 535 398-192-07 35 188-082-12 35 398-193-10 526 188-091-22 485 398-193-18 35 198-021-08 475 398-281-09 485 198-021-24 35 398-282-04 35 198-081-28 35 398-311-07 35 198-092-21 35 398-311-08 35 198-171-01 35 398-313-04 422 198-182-01 35 398-313-10 1562 198-182-02 35 398-324-08 35 198-182-03 35 398-330-01 35 198-182-33 35 398-330-02 35 198-182-34 35 398-330-03 35 198-182-35 35 398-330-04 35 198-182-36 70 398-337-06 35 198-281-07 35 398-385-05 35 198-281-25 35 398-386-01 35 198-281-26 70 398-392-16 35 198-302-02 35 398-411-09 508 390-171-03 495 398-441-03 625 396-052-14 35 398-461-07 105 396-052-28 500 398-471-07 35 396-104-64 530 398-481-12 511 396-141-01 35 398-512-06 70 396-221-26 502 398-514-01 35 396-274-01 35 398-514-03 35 396-302-02 1895 398-514-04 35 396-302-03 1895 398-522-18 140 396-331-01 35 398-531-05 825 396-401-03 35 399-072-08 497 398-084-06 35 399-072-33 632 398-092-13 35 399-131-03 35 75B-5 Jurisdiction AC62LOSA -FORM B2 Type of Tax: Santa Ana B8 Special Assessment Add Transactions Date : August 10 , 2009 PARCEL I~itJMBFwR 6-15 ASSESSD~iT AMOUNT 16-23 PARCEL I~iiJMBER 6-15 ASSESSMENT AMOUNT i6-23 399-142-04 35 408-412-14 540 400-275-18 525 408-413-03 35 400-291-05 35 408-471-14 1954 403-142-01 565 410-091-17 35 403-142-17 35 410-093-06 465 403-143-15 35 410-142-31 720 403-152-24 35 410-203-25 35 403-162-07 544 410-263-09 485 403-162-30 750 412-011-08 35 403-186-06 35 412-141-17 35 403-192-13 35 412-271-37 35 404-034-10 445 412-402-29 35 404-042-06 35 412-403-09 35 404-052-04 495 414-071-08 35 404-096-01 35 430-011-03 656 405-073-18 35 405-091-30 35 405-113-16 540 405-114-04 495 405-174-17 35 405-182-14 35 405-273-03 35 405-303-13 565 405-304-20 485 407-043-05 35 408-051-02 35 408-092-03 35 408-102-24 35 408-222-18 35 408-245-01 478 408-333-01 70 408-371-13 35 408-382-02 480 408-396-03 495 408-396-05 35 408-411-03 35 75B-6 EXHIBIT 2 Jurisdiction : Santa Ana Type of Tax: AC62LOSA -FORM B2 Special Assessment Add Date Transactions PARCEL NUMBER ASSESSMENT AMOUNT PARCEL NRJMSER 6-15 16-23 6-15 B8 August 10, 2009 ASSESS~NT AMOUNT 16-23 TAX RATE AREA 111-054 I I UTILITY I UNION PACIFIC I AMOUNT I $9.552.00 I I DESCRIPTION I WEED ABATEMENT I I SBE 843-30-135 POR 2 2464 SBE 843-30-135-3 1613 SBE 843-30-135-4 953 SBE 843-30-136-1 1942 SBE 843-30-142-POR.3 2580 75B-7 Jurisdiction : Santa Ana AC62L05A -FORM B2 Special Assessment Add Transactions Type of Tax: B8 Date: August 10, 2009 PARCEL NO~aBER ASSESSMENT AMOUNT PARCEL NiJMBER ASSESSMENT 6-15 16-23 6-15 AMOiJNT 16-23 TAX RATE AREA 11-054 UTILITY BURLINGTON NORTHERN AMOUNT $982 DESCRIPTION WEED ABATEMENT SBE 804-30-11 B-1 gg2 75B-8 RESOLUTION N0.2009-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which shows the costs of the public nuisance; and the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of Public Works Agency has given notice as required by law, in which the 6th day of July, 2009, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard by this City Council. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2009. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. 75B-9 Resolution No. 2009-xxx Page 1 of 8 Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2009-2010 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009-xxx ~ ~ ~ ~ ~ 0 Page 2 of 8 EXHIBIT 1 Jurisdiction: Santa Ana Type of Tax: AC62L05A - FORM B2 B8 Special Assessment Add Transactions Date : August 10 , 2 0 0 9 PARCEL NU!!~ER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 001-231-01 900 008-225-03 502 001-243-04 35 008-234-04 35 001-275-18 35 010-022-05 865 001-282-01 561 010-051-03 548 001-282-11 35 010-113-08 35 001-282-13 35 010-192-32 35 002-035-10 35 010-272-07 467 002-037-57 1425 010-283-21 35 002-102-32 555 010-284-16 35 002-241-05 491 011-061-58 35 002-243-05 495 011-134-08 568 002-251-07 595 011-251-17 70 003-120-21 502 011-251-18 70 003-151-07 478 011-251-19 35 004-020-22 35 011-251-20 70 004-044-06 35 011-251-38 70 004-044-30 35 011-251-39 70 004-153-06 902 011-254-19 35 004-172-12 910 013-012-25 455 007-051-12 35 013-013-03 525 007-121-05 105 013-013-13 35 007-192-11 3334 013-015-11 505 007-264-01 35 013-031-04 35 007-264-03 35 013-033-16 495 007-321-04 35 013-072-25 545 007-322-05 962 013-092-16 35 008-091-08 35 013-093-07 35 008-131-06 685 013-101-26 1075 008-142-30 620 013-132-26 565 008-144-02 350 013-152-26 35 008-203-24 35 013-153-11 35 008-212-20 456 013-192-24 495 008-212-60 35 014-021-20 35 75B-11 Resolution No. 2009-xxx Page 3 of 8 Jurisdiction: Santa Ana AC62LO5A -FORM B2 Type of Tax: B8 Special Assessment Add Transactions Date : August 10 , 2 0 0 9 PARCEL NUMBER 6-15 ASSESSMENT AMOiTNT 16-23 PARCEL NUMPER 6-15 ASSESSMENT AMOUNT 16-23 014-022-04 35 016-221-27 35 014-103-22 720 016-221-28 35 014-122-18 35 099-212-17 1209 014-202-06 35 099-213-43 455 014-214-13 35 099-222-24 35 014-223-32 35 099-222-39 35 014-392-01 35 099-224-40 35 014-402-01 35 100-161-30 70 014-403-24 467 100-223-04 467 014-424-02 495 100-241-31 35 015-042-08 934 100-242-10 35 015-050-09 35 100-242-44 70 015-067-08 403 100-422-03 35 015-073-12 35 101-041-25 456 015-083-02 70 101-041-36 755 015-083-03 35 101-055-09 456 015-083-07 1095 101-121-23 35 015-092-07 35 101-132-03 753 015-102-12 525 101-533-10 35 015-113-01 595 108-344-14 465 015-114-08 70 108-383-18 956 015-132-12 35 108-601-23 195 015-137-11 565 108-602-25 35 015-192-07 625 108-731-06 35 015-192-28 35 109-064-25 35 015-203-01 645 109-091-39 810 015-213-06 35 109-272-04 70 015-220-01 465 109-274-08 35 015-221-21 505 109-312-04 35 016-034-13 35 109-381-07 35 016-043-27 450 109-404-09 35 016-044-10 915 109-421-20 695 016-112-15 495 109-442-01 478 016-113-01 35 109-523-14 35 016-135-46 35 109-733-05 680 016-212-05 885 109-744-04 35 Resolution No. 2009-xxx ~ C Page 4 of 8 J Jurisdiction: Type of Tax: AC62LO5A -FORM B2 Special Assessment Add Transactions Date Santa Ana B8 August 10, 2009 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 109-821-13 100 398-101-03 35 140-234-01 495 398-122-05 35 144-271-11 35 398-132-06 430 144-351-01 35 398-172-04 35 144-361-57 535 398-192-07 35 188-082-12 35 398-193-10 526 188-091-22 485 398-193-18 35 198-021-08 475 398-281-09 485 198-021-24 35 398-282-04 35 198-081-28 35 398-311-07 35 198-092-21 35 398-311-08 35 198-171-01 35 398-313-04 422 198-182-01 35 398-313-10 1562 198-182-02 35 398-324-08 35 198-182-03 35 398-330-01 35 198-182-33 35 398-330-02 35 198-182-34 35 398-330-03 35 198-182-35 35 398-330-04 35 198-182-36 70 398-337-06 35 198-281-07 35 398-385-05 35 198-281-25 35 398-386-01 35 198-281-26 70 398-392-16 35 198-302-02 35 398-411-09 508 390-171-03 495 398-441-03 625 396-052-14 35 398-461-07 105 396-052-28 500 398-471-07 35 396-104-64 530 398-481-12 511 396-141-01 35 398-512-06 70 396-221-26 502 398-514-01 35 396-274-01 35 398-514-03 35 396-302-02 1895 398-514-04 35 396-302-03 1895 398-522-18 140 396-331-01 35 398-531-05 825 396-401-03 35 399-072-08 497 398-084-06 35 399-072-33 632 398-092-13 35 399-131-03 35 7 5 B -13 Resolution No. 2009-xxx Page 5 of 8 Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A -FORM B2 Special Assessment Add Transactions Date : August 10 , 2 0 0 9 PARCEL NUMBER 6-15 ASSESSMENT AMOUN'T' 16-23 PARCEL NUMBER 6-15 ASSESSMENT p,MpU~ 1b-23 399-142-04 35 408-412-14 540 400-275-18 525 408-413-03 35 400-291-05 35 408-471-14 1954 403-142-01 565 410-091-17 35 403-142-17 35 410-093-06 465 403-143-15 35 410-142-31 720 403-152-24 35 410-203-25 35 403-162-07 544 410-263-09 485 403-162-30 750 412-011-08 35 403-186-06 35 412-141-17 35 403-192-13 35 412-271-37 35 404-034-10 445 412-402-29 35 404-042-06 35 412-403-09 35 404-052-04 495 414-071-08 35 404-096-01 35 430-011-03 656 405-073-18 35 405-091-30 35 405-113-16 540 405-114-04 495 405-174-17 35 405-182-14 35 405-273-03 35 405-303-13 565 405-304-20 485 407-043-05 35 408-051-02 35 408-092-03 35 408-102-24 35 408-222-18 35 408-245-01 478 408-333-01 70 408-371-13 35 408-382-02 480 408-396-03 495 408-396-05 35 408-411-03 35 Resolution No. 2009-xxx 7 5 6_ 1 4 Page 6 of 8 EXHIBIT 2 Jurisdiction: Type of Tax: PARCEL NUMBER 6-15 TAX RATE AREA UTILITY AMOUNT DESCRIPTION SBE 843-30-135 POR 2 SBE 843-30-135-3 SBE 843-30-135-4 SBE 843-30-136-1 SBE 843-30-142-POR.3 AC62L05A -FORM B2 Special Assessment Add Date Transactions ASSESSMENT AMOUNT PARCEL NUMBER 16-23 6-15 11-054 UNION PACIFIC $9,552.00 WEED ABATEMENT 2464 1613 953 1942 2580 75B-15 Santa Ana B8 August 10, 2009 ASSESSMENT AMOUNT 16-23 Resolution No. 2009-xxx Page 7 of 8 Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A -FORM B2 Special Assessment Add Date Transactions August 10 , 2 0 0 9 Resolution No. 2009-xxx 7 5 8 -16 Page 8 of 8