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Home My WebLink About FULL PACKET_2010-04-19 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 5, 2010 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8r" FLOOR SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:13 P.M.) ABSENT: MIGUEL PULIDO, Mayor STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Stephen Moreno v. City of Santa Ana, WCAB ADJ6414430 Darrell Gomez v. City of Santa Ana, WCAB ADJ 1656666 Esther Behnam v. City of Santa Ana Orange County Superior Court Case No. 30-2009-00125446 Vincente Favela v. City of Santa Ana United States District Court Case No. SACV09-0324 CITY COUNCIL MINUTES 1 APRIL 5, 2010 10A-1 Eva Perez v. City of Santa Ana Orange County Superior Court Case No. 06CC12018 Toribia Resendez v. City of Santa Ana Orange County Superior Court Case No. 30-2008-00115163 Friends of the Lacy Historical Neighborhood v. City of Santa Ana, City of Santa Ana Community Redevelopment Agency, et al Orange County Superior Court Case No. 30-2009-00321561 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956.8. Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana ADJOURNED 6:04 P.M. CITY COUNCIL MINUTES 2 APRIL 5, 2010 10A-2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:14 P.M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (6:17 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:15 P.M.) ABSENT: MIGUEL PULIDO, Mayor STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council INVOCATION Roger Aragon, Police Chaplain PLEDGE OF ALLEGIANCE American GI Forum of the United States PRESENTATIONS PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to Dave Hollon of Donate Life California in recognition of Donate Life Month. CITY TILE presented by MAYOR PRO TEM ALVAREZ to Christopher M. Leo for his service on the Planning Commission CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the following YMCA Youth in Government students and advisors: • Santa Ana High School - Liliana Alba, Isuri Ramos, Mitzi German, Rudibel Barbosa, Ana Pascual, Mariana Hernandez, Oscar Gonzales, Irving Alaniz and Adeline Tapia • Saddleback High School -Brian Leal, Emanuel Mendoza, Lizeth Sanchez, Isis Calvario and Peter Chhun • Middle College High School -Javier Zamorano and Alejandro Zamorano CITY COUNCIL MINUTES 3 APRIL 5, 2010 10A-3 • Godinez High School -Karen Rodriguez and Gardenia Zamacona • Valley High School - Sulema Sanchez • Co-advisors -Gabriel Soto, Nick Rodriguez, Sandy Perez and Pia Brancolino • Lead Advisor -Roman Reyna PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Welcome Home Vietnam Veterans Day CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Laundry Love Santa Ana for providing laundry services to the homeless community CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the Committee on Field Usage (COFU) -Ken Nguyen, Glen Stroud, David Gonzalez, Ron Foster, Jesus Nieto, Rick Niedermayer, Edgar Vasquez, Rob Hamers and Pedro Magallon for their many years of service on the Board CLOSED SESSION REPORT -City Attorney Fletcher provided a report. Refer to Consent Calendar Item 19A. PUBLIC COMMENT ON AGENDA ITEMS • Rosa Mejia, Alberta Christy, Pat McGuigan, Pat Michel, Steve McGuigan, and Thomas Gordon spoke in opposition to Item 25E; • Robert Robinson concerned with disabled parking in his neighborhood; • Lupe Moreno and Vaughn Becht expressed opposition to proposed Mexican Independence Day celebrations; • Gina Villarraga, representing Human Options, thanked the City Council for funding consideration through Community Development Block Grant for emergency shelter program; • George Garcia concerned with traffic signal and street improvement items on the Agenda; • Steve McGuigan invited the City Council to grand opening of the Santa Ana's Zoo Tierra de las Pampas exhibit on April 17, 2010; and • Art Lomeli, Carolina Sarmiento and Dolores Almarez noted efforts by "SACReD" (Santa Ana Collaborative for Responsible Development), neighborhood community group. CONSENT CALENDAR ITEMS MOTION; Approve staff recommendations on Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tem Alvarez voted "no" on Item 19C, pulled Item 23C for separate discussion, and excused Mayor Pulido from the meeting; CITY COUNCIL MINUTES 4 APRIL 5, 2010 10A-4 • Councilmember Bustamante abstained on Items 23C and 23D due to a possible business conflict; • Councilmember Benavides abstained on Item 23C due to the proximity of the project to his home; • Councilmember Tinajero pulled Item 25E for separate discussion; • Councilmember Sarmiento pulled Items 25G and 25H for separate discussion; and • Councilmember Martinez pulled Item 31A for separate discussion. MOTION: Benavides SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MARCH 15, 2010 -Clerk of the Council Office MOTION: Approve Minutes. BOARDS /COMMISSIONS /COMMITTEES 13A APPOINTMENT -SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency MOTION: Appoint Robert Tucker as the Labor Representative to the Santa Ana Workforce Investment Board. CITY COUNCIL MINUTES 5 APRIL 5, 2010 10A-5 13B APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office MOTION: Appoint Ana Chavez (Ward 2 resident) to the Youth Commission as the Alternate member nominated by Councilmember Martinez as the Ward 2 representative for a term expiring December 4, 2010. (replacing M. Leon) 13C APPOINTMENT -PLANNING COMMISSION -Clerk of the Council Office MOTION: Appoint Michael P. Walters (Ward 3 resident) to the Planning Commission nominated by Councilmember Tinajero as the Ward 6 representative for a term expiring December 4, 2010. (replacing S. Mill) 13D APPOINTMENT -PLANNING COMMISSION -Clerk of the Council Office MOTION: Appoint Frank Acosta (Ward 3 resident) to the Planning Commission nominated by Mayor Pro Tem Alvarez as the Ward 5 representative for a term expiring December 11, 2012. (replacing C. Leo). MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -City Attorney's Office MOTION: Approve settlements as follow: 'I • Stephen Moreno v. City of Santa Ana, WCAB ADJ6414430; Stipulation in the amount of $24,388.63; • Darrell Gomez v. City of Santa Ana, WCAB ADJ1656666; Stipulation in the amount of $130,000 19B EXCUSED ABSENCES -Clerk of the Council Office MOTION: Excuse the absence of Mayor Pulido from the April 5, 2010 City Council meeting. 19C DESTRUCTION OF OBSOLETE CITY RECORDS -City Manager's. Office and Clerk of the Council -Clerk of the Council Office MOTION: 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. *Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C CITY COUNCIL MINUTES 6 APRIL 5, 2010 10A-6 BUDGETARY MATTERS SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22H) 22A SPEC. NO. 06-182 -POLICE MOTORCYCLE PARTS AND REPAIR - Renew the contract with Seavco d/b/a Irv Seaver Motorcycles for aone- year period in an amount not to exceed $175,000 - Finance & Management Services 22B SPEC. NO. 07-087 - ORIGINAL EQUIPMENT MANUFACTURER VEHICLE PARTS AND REPAIRS -Renew the contracts for aone-year period in an annual aggregate amount not to exceed $160,000 with: McCoy Motor Co. dba Mills Ford Power Ford Tustin Villa Ford 22C SPEC. NO. 08-076 -SAFETY GLOVES -Renew the contract with Fisher Scientific for aone-year period in an amount not to exceed $35,000 - Finance & Management Services 22D SPEC. NO. 09-007 -STREET SWEEPER BROOM REWRAP -Renew the contract with West Coast Equipment, Inc. for aone-year period in an amount not to exceed $61,000 -Finance & Management Services 22E SPEC. NO. 09-012 -TONER CARTRIDGES & SUPPLIES -Renew the contract for aone-year period, in the following annual amounts: Vendor Amount Staples Technology Solutions $60,000 Office Depot $60,000 22F SPEC. NO. 09-057 -BRASS WATER SERVICE FITTINGS -Award contracts for aone-year period, with provision for four, one-year renewals in the following annual amounts: Vendor Location Amount H.D. Supply Water Works Santa Ana $30,000 Cambridge Brass, Inc. Ontario, California $35,000 Inland Water Works Supply San Bernardino $50,000 CITY COUNCIL MINUTES 7 APRIL 5, 2010 10A-7 22G SPEC. NO. 10-008 -SCREEN PRINTED ARTICLES, PROMOTIONAL ITEMS AND SERVICE AWARDS - Award a contract to McVicker and Associates for aone-year period in an amount not to exceed $40,000 - Finance & Management Services 22H SPEC. NO. 10-009 - PAYROLL SERVERS -Award a contract to GovConnection in an amount not to exceed $37,500 - Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR PLAZA OF THE FOUNTAIN RENOVATIONS (PROJECT NOS. 09-9108 & 08-9097) -Public Works Agency MOTION: 1. Award a contract to South Coast Pool Plastering, Inc. the lowest responsble bidder, in accordance with the base bid in the estimated amount of $249,600 for construction of Plaza of the Fountains Nos. 1 and 3 Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $312,000. 23B REJECTION OF BIDS FOR ADAMS PARK BASKETBALL COURT RENOVATION (PROJECT NO. 107504) -Public Works Agency MOTION: Reject all bids for the Adams Park Basketball Court Renovation. 23C .CONTRACT AWARD FOR BELLA VISTA, CASH BONITA, CENTRAL CITY, At~Q PICO LOWELL NEIGHBORHOODS II~PRflVEMENTS (PROJECT NO. 1075Q3) -Public Works Agency MOTION: 1. Award a contract to R. J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate one in the estimated amount of $2,383,662.59 for construction of Bella Vista, Casa Bonita, Central City, and Pico Lowell Nei hborhoods Im rovements. 9 p 2. Approve a Funding Analysis with a total estimated construction cost of $2,908,000. CITY COUNCIL MINUTES 8 APRIL 5, 2010 10A-8 MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: Benavides, Bustamante (2) ABSENT: Pulido (1) *Councilmember Benavides abstained from voting on this item due to the proximity of the project to his home, and Councilmember Bustamante abstained from voting on this item due to a possible business conflict. 23D CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR. PHASE 11 (PROJECT NO. 106717) - PubNc Works Agency MOTION: 1. Award a contract to R. J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate one in the estimated amount of $1,912,110.84 for construction of Residential Street Repair Phase 11. 2. Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010-054 -With the City of Garden Grove for the rehabilitation of pavement on Clinton Street from south of Morningside Avenue to Westminster Avenue 3. Approve a Funding Analysis with a total estimated construction cost of $2,332,700. *Councilmember Bustamante abstained from voting on this item due to a possible business conflict. 23E CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT THREE LOCATIONS (PROJECT NOS. 085018, 085019 AND 085020) -Public Works Agency MOTION: CITY COUNCIL MINUTES 9 APRIL 5, 2010 10A-9 1. Award a contract to Terno, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $478,196 for construction of traffic signal installations and modification at three locations. 2. Approve a Funding Analysis with a total estimated construction cost of $597,700. 23F CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT FOUR LOCATIONS (PROJECT NOS. 085017, 085021, 085022, AND 085023) -Public Works Agency MOTION: 1. Award a contract to Lincoln Pacific Builders, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $673,515 for construction of traffic signal installations and modification at four locations. 2. Approve a Funding Analysis with a total estimated construction cost of $841,900. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Items 25A through 25D and 25F) 25A AGMT NO. 2010-055 - SAN LORENZO LIFT STATION DESIGN (PROJECT NO. 063510) - Execute a second amendment with Tetra Tech, Inc. in an amount of $37,000 for a new contract amount of $309,000 - Public Works Agency 25B AGMT NO. 2010-056 -YOUTH SERVICE NAVIGATOR -Execute an amendment to the Memorandum of Understanding between the Santa Ana Workforce Investment Board/Youth Council and the Santa Ana WORK Center/Youth Service Provider Navigator - Community Development Agency 25C AGMT -AGREEMENT TO INSTALL FIRE ALARM SYSTEM AT SANTA ANA REGIONAL TRANSPORTATION CENTER -Public Works Agency CITY COUNCIL MINUTES 10 APRIL 5, 2010 10A-10 1. Authorize the City Manager and the Clerk of the Council to execute an agreement subject to non-substantive changes approved by the City Manager and City Attorney AGMT NO. 2010-057 - With SimplexGrinnell in the amount of $169,709 2. Approve a Funding Analysis with a total estimated construction cost of $169,709. 25D AGMT NO. 2010-058 -FIRE RESPONSE MANAGEMENT SYSTEM ANNUAL MAINTENANCE PAYMENT -Execute an amendment with Tiburon, Inc. for $14,405 -Fire Department 25E -AGMT 2010-059 -.JOINT USE FEES AND PROVISION OF A HOME. RUN FENCE -Execute an amendment with. Santa Ana Un~ed School District - Parks, Recreation & Community Services Agency AMENDED MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with the Santa Ana Unified School District to allow a temporary homerun fence that must be removed one-week after the end of baseball season and if not removed within the timeframe the City shall remove and charge the School District for any related costs. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 25F AGMTS -ALLOCATION OF FY 2010-2011 EMERGENCY SHELTER GRANT FUNDS -Community Development Agency 1. Approve the proposed FY 2010-2011 Emergency Shelter Grant Program. 2. AGMT NO. 2010-060 -Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development (HUD) for the City's fiscal year 2010-2011 CITY COUNCIL MINUTES 11 APRIL 5, 2010 10A-11 allocation of Emergency Shelter Grant funds and execute the grant agreement with HUD. 3. AGMTS NO. 2010-061 -Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non-profit agencies and/or sub- recipients awarded funds as part of the approved program. 25G AGMTS -EVENT/ENTERTAINMENT MANAGEMENT SERVICES TO OPERATE THE 2010 BICENTENNIAL FESTNITfES -City Manager's Office Council requested a Request for Proposal process for next year's festivities. MOTION: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the following agreements. Provide event/entertainment management services with: • AGMT NO. 2010-062 - Velasquez Publishing & Promotions • AGMT NO. 2010-063 - MXLive MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 25H AGMT NO. 2010-064 -LEGAL SERVICES -With the Sohagi.Law Group -City. Attorney's Office Council requested a report when contract exceeds $25,000. MOTION: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, CITY COUNCIL MINUTES 12 APRIL 5, 2010 10A-12 Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31A :CONDITIONAL USE PERMIT NO. 201Q-01 AND VARIANCE NO. 2010- 02 TO ALLOW A REDUCTION IN PARKING FOR A PROFESSIONAL TRADE SCHOOL - 500 WEST SANTA ANA BLVD. Recommended action approved by the Planning Commission at its February 22, 2010, meeting by a 5-0 vote (Turner absent) Applicant: H. Hendy Associates on behalf of Corinthian Colleges, Inc. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010-01 as conditioned and Variance No. 2010-02 as conditioned MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 13 APRIL 5, 2010 10A-13 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A EXTENSION OF VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING - 2230 N. TUSTIN AVE. -Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2007-09 AS CONDITIONED AND MINOR EXCEPTION NO. 2007-04 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 55B EXTENSION OF VARIANCE NO. 2008-01 TO ALLOW THE CONSTRUCTION OF A FELLOWSHIP HALL FOR JOHNSON CHAPEL AME CHURCH - 1309 W. SECOND STREET -Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2008-01 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1309 WEST SECOND STREET MOTION: Martinez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MINUTES 14 APRIL 5, 2010 10A-14 PUBLIC HEARING 75A PUBLIC HEARING - CDBG FUNDING FY 2010/2011 - Community Development Agency Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet News on March 19, 2010. Cindy Nelson, Deputy City Manager for Development Services, provided a brief presentation. The Mayor Pro Tem opened the Public Hearing; there was no written or oral communication received. The Mayor Pro Tem closed the Hearing. MOTION: 1. Approve the proposed fiscal year 2010-2011 Community Development Block Grant Program as recommended by staff. 2010-11 2010-11 REQUEST STAFF RECOMMENDATION Administration & Planning City of Santa Ana/CDA- 1 Administration $ 875,000 $ 875,000 Orange County Fair Housing 2 Council $ 74,000 $ 74,000 Total Admin. & Planning $ 949,000 $ 949,000 Code Enforcement City of Santa Ana/PBA & 3 CAO-Code Enforcement $ 1,700,000 $ 1,700,000 Total Code Enforcement $ 1,700,000 $ 1,700,000 Public Services City of Santa Ana-PRCSA- 4 After School Tutoring $ 269,711 $ 250,000 City of Santa Ana-Police 5 Dept.-Helicopter Program $ 600,000 $ 600,000 City of Santa Ana-PRCSA- 6 Project PRIDE $ 158,619 $ 150,000 City of Santa Ana-PRCSA- 7 Senior Health and Nutrition $ 131,118 $ 56,000 Total Public Services $ 1,159,448 $ 1,056,000 Capital Improvements City of Santa Ana/CDA- 8 Public Facility Improvement $ 2,500,000 $ 2,500,000 9 City of Santa Ana/PWA- $ 435,000 $ 455,000 CITY COUNCIL MINUTES 15 APRIL 5, 2010 10A-15 Neighborhood Street Improvements City of Santa Ana/PRCSA- Neighborhood Park 10 Improvements $ 450,000 $ 460,000 Millennium Dance 11 Association $ 2,015,000 $ - Total Capital Improve. $ 5,400,000 $ 3,415,000 Housing Rehabilitation 12 Paint Your Heart Out $ 90,000 $ 90,000 13 Rebuilding Together O.C. $ 40,000 $ 40,000 City of Santa Ana/CDA- 14 Multi-Family Rehab Loans $ 125,000 $ 125,000 Total Housing Rehab. $ 255,000 $ 255,000 TOTAL $ 9,463,448 $ 7,375,000 2. AGMT 2010-065 -Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2010-2011 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development (HUD). 3. AGMTS 2010-066 - Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or sub- recipients awarded funds as part of the approved program. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MINUTES 16 APRIL 5, 2010 10A-16 COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND HOUSING AUTHORITY AT 8:34 P.M. JOINT SESSION 80A JOINT ITEM WITH HOUSING AUTHORITY - AMENDMENT TO AGREEMENT WITH THE SANTA ANA HOUSING AUTHORITY FOR TENANT-BASED RENTAL ASSISTANCE PROGRAM - Community Development Agency Recommended action approved by the Community Redevelopment and Housing Commission on March 16, 2010, by a vote of 4-0 (Villasenor absent) MOTION: Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the cooperative agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010-067 -Execute an amendment between the City of Santa Ana and the Santa Ana Housing Authority adding an additional $110,000 for a total of $610,000 for the Housing Opportunities for Persons with AIDS (HOPWA) tenant-based rental assistance program MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) COUNCIL RECESSED TO THE HOUSING AUTHORITY MEETING AT 8:36 P.M. FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:38 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 17 APRIL 5, 2010 10A-17 COMMENTS 90A CITY MANAGER'S COMMENTS -None. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero • Announced football and cheerleading season has begun and registration is taking place at various parks throughout the City; and • Thanked City Council for their efforts on Item 25E, provision for a temporary homerun fence. `Councilmember Tinajero left the meeting at 8:29 p.m. Councilmember Benavides • Encouraged the community to refer to the City's website at www.santa- ana.org for the resources available, including community calendar; and • Noted that there are over 60 neighborhood associations in the City and serve as a source for civic involvement. Councilmember Bustamante • Reminded residents of the upcoming Floral Park Garden Tour taking place on April 24 and 25, 2010; tickets are still available; and • Sent condolences to the Centanni Family. Councilmember Martinez • Gave her best wishes and condolences to the Centanni Family; • Invited all to participate in the Governor's Fitness Challenge; participation will result in an award of $100,000 for the winning school and city -City has been challenged by the City of Fountain Valley; and • Invited the residents to Town Hall meeting on April 21, 2010 from 6:00 to 8:00 p.m. at Garfield Elementary School regarding Station District. Councilmember Sarmiento • Reminded the community of the grand opening of the Tierra de las Pampas exhibit on April 17, 2010 at the Santa Ana Zoo; • Requested the Council Meeting be adjourned in honor of Rick J. Centanni; and • Noted the life and teaching contributions of Jaime Escalante. Mayor Pro Tem Alvarez • Welcomed incoming Commissioners appointed tonight; • Encouraged residents to apply to the City's Youth Commission. Contact the Clerk of the Council for more information; • Presented brief bio on Rick J. Centanni, son of Santa Ana Police Sergeant John Centanni; and • Adjourned in memory of Rick J. Centanni and Jaime Escalante CITY COUNCIL MINUTES 18 APRIL 5, 2010 10A-18 ADJOURNED - 8:52 p.m. -The next meeting of the City Council is scheduled for Monday, April 19, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting. In Memory of Rick J. Centanni and Jaime Escalante Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 19 APRIL 5, 2010 10A-19 10A-20 REQUEST FOR u_,.~`„`, COUNCIL ACTION ,j CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED ? As Recommended BOARDS AND COMMISSIONS BIANNUAL ? As Amended ATTENDANCE REPORT OCTOBER ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading THROUGH MARCH 2010 ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ ` r' i ~_._~~~~a.-~---!`'.' ~6,! `~i~~,~-~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six-month reporting period. Additionally, City Charter Section 901 provides that three consecutive unexcused absences would result in the vacation of a board or commission position. Examination of the attendance reports revealed that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~ Maria D. Huizar, Clerk of the Council Attachments: Exhibits 1-8 13A-1 13A-2 w m ~p ~ ~ c N X ~ X X yC w X w X ~ ~ d ~ A. d ~ N ~ ~ D M p w ~ N (SS3NISf18 M3N ON '41X0 JN1133W ON d J V ~ Z ~ d 0 p ~ N X ~ X X X X X X w ~ _ d d VO ~ QO ~ Z ~ N d F = ~ rn ~ a Q ~ ~ c ~ ~ (Wf1210f1b ~O ~Jb~l) JN1133W ON ~a~ ~ a Z W d II ~ Q~~ L ~ p Q NWc a ~ c ~ ~ZN c ~ Q L ~Qd c 0~~ w X X X X X X X w a 0~ Q Z~ r N UZ~ ~ d WV m ~ x L W v ~ II Q ~ W J O ~ a Q ~ A d a Z m 0 C N X X ~ X X w X X w Q Z d u Q ~ x m li.i Q z W ~C t A z a as v a o vs a Z` y ~ ~ ~ w e a a ~ z li d ~ m ~'v ~ 3 ~'w z~ z~ Y ~ ~ Y p ~ W O m N1 ~ O ~ W W O a p A Qp Qa Z V ~ O J W Q OC GC p r > C9 Q ~ ~ a J ~ ~ ~ y O vi-i c C7 to p z z Q ~ ~ O ~ m Q 13A-3 N ~ N ~o X X X X W Z a~ a~ a a N X X W X X z d ac `r° W X X X X z ~ c -I W~ N Z ~ i i i i i Z V Z y ~ w O p ~o ~ X X X X W z V 'y ~ ~ d VO ~ Z Q ~ O V 'a O o d ~ ~ ~ ZF.C ~y mQ ~Z ~ i i i i i Z K a~V O we ~ L C Q 0 co = ~ ~ ZW~ = o~ ~ X X X X X z ~ Q~I ~ NWo c ~ ~~O ~ ~ ~ c OZN mo r X X X X X z ~ ~Q~ O Q -a HG~ > ~ d O ~ y UW+~'' ~ z~ `"'Z~ ~ i i i i z k ~ w u Q ~ y' w Q E mo N X z X X X z ~ v ~ p O~ ~ Z U vw Q Z ~ Q ~ X z X X W X X m w Z v d w OZ w 'L ~ ~ W .N ~ 'c d can z ~ ~ p ~ ~ ~ Y ~ ~ U1 J L 'a w a~i ~ w y y O ~ U m m N d C i~ O Z c ~ ~ ~ ] ~ E 00 Q ti 13A-4 ~ N _ ~ ~ O U ~ p cv C+ p ~ ~ N ~ Qi a, c~ T ~ ~ ~ \ ~ 0 ~ ~ } .N V 4D ~ ~ ~ p m w V N W m d ti U. ~ ~ y L c ~ ~ ~ •N ~ Q D O ~ c, ~ z z d ° c ~ y ~ ~ Q .y p o a p C ~ rn 2 ~ c~ m p ~ otS w• -a W c d C ~ ~ W ~ = d N 0 ~ II Q Y ~ O d O N N C ~ ~ D m La H ~ R ~ Q1 Q O w e a ~ o O~ Z N v ~ N k L w c ~ II V W ~ ; w W ~ m ~ Z m O ~ L c O m y d O v ~ Q E m 0 ~ X ~ c ~O ca a d R a~ rn c ~ w ~ 3 Q y; o ~a c Z Y N ~ ~ w 'r3 ~ m Q ~ p _R ~ z w t~ a w ~ ~ ~ ~ p ~ w Q U ~ ~ 13A-5 a w x~ U~ a a -pper. ~ m N m ~ g ~ U U U U U U ~ ~ ~ ~ R m QG m OC c = J ~ m ~ U ~ ~ U U U U U U c Z ~ m ~ m ~ O ~ G u V ~ ~ 'a U ~ Z c ~ U ' m ~ v VD H ~ ~ U U U •m U U U ~ W L ~ .a a°N w ~m a~~ ~ ~>r U we m = Fad Wm Q~ ~ ~ U U U U U U U o~ ~ N~JO c ~ ~ ~ O Z es W ~p M c m ~ }Qm ~m HG~ ~ o m Za m ~ V~ t1 'Ct Z~ N U U U U U U U ~ C r W ~ ~ 11 Q ~ W J rn Q ~ ~ v w s°. m ~ c ~ = m Z W V Q Z O m u Q ~ ~ U U U U U U U K m W Q 2 O W d. _ R N Z t0 C ~ C7 W O ~ ~ > ~ t Af C_ W ~ m ~ c N U ~ ~ 'C U N V ~ ~ ~ di a m O W Q Z O ~ m ~ ~ m m ~ Z W Y~ ~ 3 m m W ~ m m tv w t9 ~ O GC Q v 13A-6 fr ~ c F-' ao o CCfiY o a a 0 ~ M z a J c V ~ a H Z 7 F--i ~ O W N U w ~ } ~ ~ U p w a a~ r H Q ~ Q~N ~ ~ Q~ ~ o' a° ~ s. Z ~ a~ ti w X w X X w )C c a~ QQ ~ O zw ~ Q~~ ~ ~ IL W O O c p U v H OZ` w a H~~ vv+ d Z Q ~J y VW ~ ~ x Q W Qv ~ w Q o me Z ~ ~ C N X W X X X X X ` ~ V Q Q ~ ~ II ~ X m ~ Z i~+ L d O C ~ ~ ~ i~ d t L W ~ ~ Q ~ C ~ d d 7 tdA d ~ N Z H r Y t ~ eo o t L ~ ~ Y ~ W m c. p m rn V 'a ~ t N > ~ W ~ g ,o a ' m oo a C7 ~ ~ Z w O Q ' J W ~ m Q U 13A-7 N 4-. O w ~ N ° G. W = V r !C X )C X )C X X r W J m° M V W~ ~ x x x x x x x Z ' T ~ Z ~ c ~ ~ X X ~C >C ~C X X U Q ^ ~ x x x x x x x ~ ZVo H ~ a Q ~ w ~ ~ Do m° ~ N N ~ X X X )C X )C w ~ Z~ V ~ x 6L L N O C~ Z ~ r ~ a G ~ K X K X X X X II W ~ ~ ~~o~ ~ d W ~ r X X X K K X K = ~VN ~ d ~ ~ UQ~ mo a 0~ W~ ~ X X X K X !C X ~ Z p a ~ r ~ ~ ~ O z~ x w Qv w ~ X X !C X ~ ~ X n W J z Q O H ~ ~ ea ~ Z w 0° ° o ~ Z a' V c z~ Q Q o~ x m w ~ a z z w ~ c ~ w m vo-i ¢ ~ ~ ~ ~ ~ ~ ~ ~ W ~ C ~ d J ~ c~a U O ~ a w, J 1° d Z v w = ,L ~ ~ ~ ' a p ~ LL ~ W ~ J ~ ° Q ~ W r m ~ a 13A-8 N w O N 0. ~ N ~ tlJ = 0 Q ~ d d ~ N x x X X X X x M d M v N x x x X x x x ; N M y ~ d ~ Q V ~ ~ ~ ~ ~ m~ X X X x x X X N i+ M V (0 ~ N ~ _ X X X )C >C >C X ~ ~ M ~ ~ f0 ~ V ~ N N X x x X X )C >C ~ 0 d N ~ ~ Q >C X X X X !C )C N N m w ~ V LL ~ K O W X X X X )C !C X u N W ~ r ~ R C Z ~ Q Q r+ II X W H i d ~7 p W to 0> Q ~ V ~ y ~ R ~ ~ W ~ ~ Q Y ~ ~ ~ ~ W c m a ~ J ~ ~ ~ ~ Z N .c W ' ~ ~ ' ~ Q Z U ~ W t W ~ J Z W ~ V ~ ~ ~ ~ Q U 13A-9 N x x w x x x =o 0 U ~ Qom' c ~ ~ ~ a ti ~ ~ w U U U U U U N m M N X X X X W X ~ c m _J W ~ W~ ao X X W X X W U ~ ~ N X X X W X X ~ a° U ~ } a H ~ m y Uo ~ ~ x x x x x x a o ~ Z~N ~ d N U U U U U U H ~ ~ r w ~ ~ aF- ~ d ii L W ~ ~ ~ lCQ ~ 2 F'aG W ~ 11 } c Q~ ~ ~ x x x x x x ~ a~ W O W N U U U U U U ~ Q_ i OZ ~ mo ~ d UZ~ ~ z m ~ ~ ~ ~ ~ o~ x x x x x x lu Hv O u Q U W C7 M N X X X X X X ~ m ~ 'C Z a r Z Om a 11 Q ~ ~ X X X X X W X m W Q Z _ Z W ~ i0 ~ ~ ~ V > C J d N } V1 Z ~ L c,,.,v ~ d i L ~ cD ~ W ~ ~ U d a 'to ~ L v ea w g W Q y H o= o U O m u ~ ` ~ Nv ~ z~ V W o C QZ D ~ W v ' t ~ ~ ~ U a Wg 0 m QU 13A-10 d M w _ ~ r O U ~ o N N X X X W W W X X X X X ao ~ y ~ a ~ M N d ~ ~ 'Q 0 Y ~ ~ ~ C 0 m W d U o w~ Z ''t3~ y ~ ~ r V ~ Q~ N } ~ Z c „ w w X X w X w X X w X ~ a~ r c F Q a~ - d ~ ~ ~ ~ N V~ ~ Q U 'C O 0 ~ N d QF.N w° w ~ Q~ ~ O m~ L axi L W c ~ ~ ~ w d u Fa-a~ ~ _ Q~ ~ ~ NWC ~ d u.~o ~ZN ~ mp o° ~ ~ N W= o X X X X W W X X W X W .Q ~ N d U Z ~ ~ ~ r ~ W ~ Zg ~ H~ w ~ u Q w Q w~ ~ ~ m ~ ,c v O m ~ a=i Z o ~ Z a Q o ~ x m w a z o W ~ o ~ a us _ m ~ _ o o ~ r ~ °o w ~ ~ m m cv ~ V ~ p LL ' r_n C7 ~ m w+ = V V = 'd = O W L R V ~ = d t6 ~ cC d L ~ ~ ~ L Z V W ~ m d ~ J ~O ~ m ~ v Q m R ~ O Q ~ ~ W W ~ F- m Q 13A-11 N M 01 ~ O = td ~ N U G c ~ N ac N x x x w x w x x x w x a. ~ ~ M N d ~ lp Q ~ Y ~ C Q m W d ~ d N ~ ~ O ~ p N x W W x W x W x x W W Q r ~ 01 T w W ip m Q Y ~ L w = l0 U ~ wm n~ m ~ N ~ p x G W x W W x x W x W ~ ~ N ~ z~ ~ m z O ~w ~ w ~v F- c z o~ ° od 0 v_1 ~ o w m d N ~ m a c •o Q N C ~ 031 ~ ~ ;C ~ ~ ~ ~ -a z y Y o J -.I ~ ~ o' d ~ Z c w .>t o c ~a w ~ o ~ ~ m ~ o v o ~ 0~i p ~ c m m Y ~ ~G1 € ~ a ~ a ~ ~ ~ w ~ ~ 0 tL 13A-12 ~ w a~ o _ ~ O M U ~ 'o ao a c c~ X W W X W X X ~ A: ~ ~ . 4? ~ M (d 0 LL Q' tC ~ Q ? Y ~ c ? V m W LwL d ? g N d r Q ? ~ ~ X X X X X X X m z ~ v ~ a ~ ~ ~ a ~ ~ _rn ~ m to ~ w ° v ° ~ m ? x a~ w c G c = ~ c U ~ II ~ g ? ~ c~ m a ? c D Vl ~ G1 ~ .d: ~ Q ~ m 0 O m Q ~ c X Z X X X X W X m w N O ~ 3 H V ~ ~ Z ~ ~ W O 11 z W ~ a ca O ~ a ~ 1- c D Q U y II o~ X W ~ d ~ L Z ~ ~ ~ ~ ~ ~ Y w .o ~ cn v~ ' c d cn ~ v vi ~ m o d v d ? ¢ D W ~ ~ ~ ~ o ¢ w ~ ~ O Q v 13A-13 m N U o _ o ~ ~ Q j ~ ~ ~ a m - N d ~ ~ Q ~ - - ~ C m ar J ~ ~ - - - Z ~ ~ - o ~ Q o U Z~ w x x w ~ w x' x~~ x ~ } a~ - - d ~ U~ ~ _ Q o Z ~ N w ~ ~ L Q ~ i ~ ~ - - ----t-- axi ~ c ZW ~ ~ ~ ~ Q~ ~ _ i ~ ~---I--- N o ~ ~ ~ ~Q~ w ~ ~ ~ I ~ U Z ~ ~ ° d W~ ~ z~ i ~ ~ I x ~Q O ? w F - -L n Q w fA ~ p I m ° - I - I ~ ~ ~ Z ~ ~ Q o ~ - ' - ~ a ~ - n x m w ~ - Q s = Z ~ ~ C N ~ ~ ~ ~ ~ m ~ cc 'v vs ~ ~ W ~ O O v ~ W ~ D I _af `s w ~ C7 ~ 'a R ~ w ~ m ~ N i ~ 'L C fA N ~ U O ~ ~ ~ L - _ -a C d ~ z p w _ ~ N ~ ~ ~ cv ~ ~ ~ ~ ~ N Q ~ J ~ ~ d ~ d ~ W cC C~ ~ I U W H 00 ~ a 13A-14 N 4. O N GJ M ~ L1. c ~ N ~ p T LL~ r v ` 0 O L r ~ N \ ~ C ~l ~ d N ~ O 'V ~ ~ ~ ~ ~ ~ ~ V ~ ~ O ~ ~ ca > ~ C ~ ~ ~ N ~ 2 O i ~ ~ O ~ N ~ ` N / ~ ~ 1 W = to J ~ O -a O .y ~ ~ ~ ~ N O ~ t U ~ t Q ~ ~ ~ } L _R ~ ~ ~ ~ d 0 Q ~ ~ M ~ O ~ C O ~ .N ~ ~ ~ 'u~ L L ~ L V N V t = O Nom,,, 'a ~ Z ~ r ~ O W Q ~ ~ ~ ~ ~ II ° ~ v v 13A-15 13A-16 REQUEST FOR : COUNCIL ACTION ' ` v CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED ? As Recommended APPROPRIATION ADJUSTMENT FOR ? As Amended AMERICAN RECOVERY AND REINVESTMENT ? Ordinance on 1s1 Reading ? Ordinance on 2"d Reading ACT RAPID RESPONSE FUNDS ? Implementing Resolution ? Set Public Hearing For CONTINUED TO r ~ " ? ` U"~`~--"`~" FILE N U M BE R CITY MANAGER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $173,920 in American Recovery and Reinvestment Act Rapid Response Additional Assistance funds awarded to the City of Santa Ana WORK Center. DISCUSSION On March 11, 2010, the State of California awarded the City of Santa Ana WORK Center $173,920 in American Recovery and Reinvestment Act (ARRA) Rapid Response Additional Assistance funds. These funds will be used for Rapid Response activities and additional assistance services such as vocational training, supportive services, skills assessment, and job search training for laid off clients of the WORK Center. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA ARRA Rapid Response account (no. 12318760-69138). APPROVED AS TO FUNDS AND ACCOUNTS: e Cynthia J. Nelso Francisco Gutierrez ~ ~J Deputy City Manager for Development Executive Director Services Finance & Management Services Agency Community Development Agency CJN/LAS/DS/kg 20A-1 20A-2 REQUEST FOR ~ m~_ COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED CONTRACT AWARD FOR PLAZA OF ? As Recommended THE FOUNTAINS PLANTER ? As Amended RENOVATION AND EXPANSION JOINT ? ordinance on ~5` Reading ? Ordinance on 2"d Reading REPAIR (PROJECT NOS. 099109 & ? Implementing Resolution 099107) ? Set Public Hearing For CONTINUED TO n/ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to Park West Landscape, Inc., the lowest responsible bidder, in accordance with the base bid in the estimated amount of $532,588.46 for construction of Plaza of the Fountains Planter Renovation and Expansion Joint Repair. 2. Approve a Funding Analysis with a total estimated construction cost of $665,700 which includes construction, contract administration, inspection, testing, and contingency costs. DISCUSSION The existing planters leak water into the parking area located beneath the Plaza of the Fountains (Exhibit 1). This project provides a water proofing layer to the interior walls of the planters, replacing the electrical and plumbing systems, providing interpretive signs to educate the public of the native plants and garden, and repair expansion joints on the plaza deck. This is the third and final action item associated with this project. Once completed, the improvements will increase the aesthetic quality of the plaza garden and the surrounding area. Funding for improvements within the Civic Center is paid for from the Civic Center Authority, a joint authority between the City and the County of Orange. The Notice Inviting Bids was advertised on February 17 and 19, 2010, and bids were opened on March 9, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 18 Contractors requesting bidding documents: 6 Bids received: 3 Bids received from Santa Ana Contractors: 0 23A-1 Contract Award for Plaza of the Fountains Planter Renovations and Expansion Joint Repair April 19, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Park West Landscape, Inc. Corona $532,588.46 2. Mariposa Landscape, Inc. Irwindale $653,624.80 3. 4-Con Engineering, Inc. Riverside $679,340.00 A total of three bids were received and were responsive. The lowest bid was submitted by Park West Landscape, Inc., for $532,588.24, which reflects extensive hand work resulting from the restrictions of equipment allowed on the plaza deck and the limited access to the site. ENVIRONMENTAL IMPACT Environmental Review No. 2010-46 has been completed and the Categorical Exemption will be filed upon award of the contract pursuant to the California Environmental Quality Act. FISCAL IMPACT The Civic Center Budget is the source of the money for this project. Half of the funds are coming from the County and half from the City. The funding analysis shows a total estimated construction cost of $665,700 for the project (Exhibit 2). Funds are available in the Other County Funding (accounting unit 07413260-66220). APPROVED AS TO FUNDS AND ACCOUNTS: 1~ ~.~i Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 23A-2 Z W CIVIC CENTER DR. PARKING STRUCTURE L18RARY COUNTY COURTHOUSE PROJECT LOCATION RO55 ANNEX CITY HALL f- ~ LIBRARY (n N STATE N UILOIN pARK ING N w TRUCTUR J ~ FEDERAL BUILDING SANTA ANA BLVD (4TH ST) LEGEND: N ORA/yG PROJECT LOCATION ~oe+ Fc EXHIBIT 1 2 0 o ~ { SANTA ANA TITLE : 1 ~ ~ I P WA AGENDAODATEL PLAZA O~NTHECFOUNTADINSOPLANTER A IA ~ A APRIL 19. 2010 RENOVATION AND EXPANSION JOINT REPA I R vueLlC ¦ORKS AGENCY (PROJECT N0. 099109 8 0991 07 ) 23A-3 FUNDING ANALYSIS PROJECT NOS. 099109 AND 099107 PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND EXPANSION JOINT REPAIR Construction Contract $532,588 Contract Administration $30,154 Inspection and Testing $49,700 Contingencies $53,258 TOTAL ESTIMATED CONSTRUCTION COSTS 665 700 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: April 19, 2010 TITLE: APPROVED ? As Recommended CONTRACT RENEWAL WITH LAWSON ? As Amended SOFTWARE FOR FINANCIAL SYSTEM ? Ordinance on 1s1 Reading ? Ordinance on 2"d Reading MAINTENANCE (A-2008-037) ? Implementing Resolution ? Set Public Hearing For 7.. CONTINUED TO / J FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize payment and annual renewal with Lawson Software Americas, Inc. for maintenance support and service of the Lawson Financial system in an annual amount not to exceed $190,000 with provision for two, one year renewals subject to non-substantive changes approved by the City Manager with mutually agreed upon increases. DISCUSSION On March 3, 2008, the City Council approved an agreement with Lawson Software Americas, Inc. to purchase the Lawson financial system. The new system would replace the City's legacy mainframe system that was over 20 years old, no longer supported, and was not meeting the City's financial requirements. The new Lawson system went live in September 2009. It is an enterprise system used by all City departments to process, track, and report on the City's financial information and transactions. Key functions include general ledger, grant management, projects and activities, accounts payable, cash management, billing, accounts receivable, asset management, requisitions, purchase orders, inventory, business intelligence and reporting. The agreement provides for an annual software maintenance and support plan that entitles the City to receive software updates and technical support services. In addition, staff is requesting a contingency for Lawson Professional Services in order to assist with system setup changes, as well as other process or system related changes that can lead to increasing the efficiency of staff. 25A-1 Contract Renewal for Financial System Maintenance April 19, 2010 Page 2 FISCAL IMPACT Funds are available in the Finance Management Lawson Utility Software and Contract Services account (no. 10910141-62300). Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency 25A-2 1,ri j` ~~,,~N vF UN tILC 1~"UFIK; ~I~Y pp()CEED !!P:TIL 1h~5t1RANCE EXPIRES ~ A-2008-037 _ 11-1 ~08 (;L'RK OF COUNCIL °"T ~ `LAV~/~N yaamire2 r - _ •~f: . . LAWSON SOFTWARE CUSTOMER AGREEMENT MASTER TERMS AND CONDITIONS Customer Name: City of Santa Ana Address: 20 Civic Center Plaza, 8'~ Floor Cihr Santa Ana StatelZip or Province/Postal Code: CA 92701 Country: USA These Lawson Software Customer Agreement Master Temfs and Conditions (°Lawson Master Tenns and Conditions") are entered into by each respective Lawson Group company named below and in each Orcler Form and the customer entRy named above and in each Order Forth, and is effective as of the latest date signed below after all Parties have signed. The entire Lawson Software Customer Agreement includes these Lawson Master Terms and Conditions, and each Order Form, Statement of Work and other written agreement entered into by Customer and any Lawson Group company at any time in the future and which refers to these Lawson Master Terms and Conditions (collectively, the "Agreement"). The initial Agreement must be signed below, and may be signed in counterpart and delivered by fax, pdf or other means that displays the original or a copy of the signatures. Any subsequent Order Forth or Statement of Work may be signed and delivered in the same manner or as described in that Order Form or Statement of Work. The Agreement contains the complete agreement with Customer concerning any products, software, maintenance or services provided by any Lawson Group company. IN WITNESS WHEREOF, the parties hereto have executed this Lawson Software Customer Agreement Master Terms and Condtions on the date set forth below. For LAWSON SOFTWARE AMERICAS, INC. CITY OF SAT A r' J ~ (A rized t e) DAVID N. REAM City Manager H ~ MAR 3 2008 (Printed Name) c ~ ~ . L{ ~ t L I/1 (Date) (Title) (Date) jj PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney L"aura Sheedy Assistant City Attorney Customer Master T8C's -North America Page 1 of 6 Revised 2007 August 13 " 25A-3 Lawson Software Customer Agreement Master Terms and Conditions The following Lawson Master Terms and Conditions supplement and govern 1.23 "New Products' means new softwaro and documentation that each Order Form, Statement of Work and other written agreement entered Lawson Group elects to make generally available to customers into at any time by Customer and any Lawson Group company at any time on separate from other products and which contain new application or after the effective date of these Lawson Master Terms and Conditions: software or technology. 1. Definitions. The following defined terms are in addition to the 1.24 'Order Form" means a Product Order Form ('POF"), a Services definitions contained in each applicable Order Fonn or Statement Order Fonn ("SOF'), Statement of Work or other order form entered of Work: into by Lawson and the applicable Specified Customer at any time and referring to these Lawson Master Terms and Conditions. Each 1.1 "Agreement" or "Lawson Software Customer Agreement" means Order Fonn pertains only to the Specified Customer identified in that these Lawson Software Customer Agreement Master Terms and Order Fonn. Conditions and each Order Form, Statement of Work and other written agreement entered into by Customer and any Lawson 1.25 "Party" means Lawson or Customer, and "Parties" means Lawson Group company at any time in the future and which refers to these and Customer. Lawson Master Terms and Conditions. 1.26 'Products' means the Software and Documentation. 1.2 "Cure Period" means the period of time after notice from Customer, 1.27 "Product Warranty' is defined in Section 7.1 below. reasonably required for Lawson to cure a breach in accordance 1.28 "Release" means the edition of aLawson-Maintained Product after it with Lawson's then current standard Maintenance or Services has been made generally available by Lawson. practices. 1.3 "Customer" collectively means the customer entity that has signed 1.29 "Service" means training, implementation, consulting, Service these Lawson Master Tenns and Conditions and each Specified Deliverables, subscription or other services provided by Lawson Customer (if different) identified in each respective Order Fonn or under the Agreement, excluding Maintenance and any Limked Offering (unless otherwise stated in an Order Fonn). Statement of Work. 1.4 "Documentation" means ell help screens, or other documentation 1.30 "Service Deliverable" means any tool, training materials or other non- describing the operation of the Software described in an Order Product item described in the applicable Order Form or Statement of Fonn, which are delivered (in printed or electronic form) with the Work as a "Service Deliverable" for delivery to the Specified Software by Lawson or a Third Party, any subsequent updates and Customer identified in that Order Fonn or Statement of Work. new Releases of that documentation provided to the Specified 1.31 "Services Warranty is defined in Section 7.2 below. Customer listed in that Order Form by Lawson under Maintenance 1.32 "Software" means the software and media described in a POF (in or by a Third Party, and any copies of that documentation. source code and/or object code as specified in a POF), any repairs, Documentation excludes all advertising, marketing materials, replacements, upgrades, updates, enhancements and new Releases requests for proposal, proposals, demonstration materials and provided by Lawson to Customer under applicable Maintenance for other promotional information. that same Software or provided by a Thircl Party to Customer, and 1.5 "Escrow Agroement" means the separate escrow agreement, if any copies of that code, excluding any Limited Offering software that any, entered into by the escrow agent appointed by Lawson. is listed in an Order Form as not being a'Produd." 1.6 "Extended Maintenance" is defined in Section 4.2(b) below. 1.33 'Speafied Customer" means the customer identified in an Order 1.7 "Initial Maintenance Period" means the initial period of Maintenance Fonn or Statement of Work and which is either (a) the same specified in an applicable Order Form. customer entity that signed these Lawson Master Terms and Conditions or (b) a customer which is affiliated with the customer 1.8 "Intellectual Property Rights' means all copyrights, patent rights, entity that signed these Lawson Master Terms and Conditions. confidentiality rights, trade secret rights and trademark rights now 1.34 "Statement of Work" or "SOW" means the portion of the Agreement known or created in the future. that describes the Services to be performed by Lawson for the 1.9 "Lawson" means each respective Lawson Group company that has Specified Customer identified in that Statement of Work and that entered into the Agreement with Customer. describes one or more of the following: the main responsibilities of 1.10 "Lawson Competitor'' means a developer, licensor or provider of the parties, estimated time schedule for completion of project, project software or services that directly competes with the then current scope and organization, change order process, and other project Products or Services provided by Lawson Group. requirements. 1.11 "Lawson Documentation" means the Documentation for the 1.35 "Support Operations Handbook" means the Lawson-prepared Lawson Products. document that describes the respective types and levels of maintenance and support available for purchase by the applicable 1.12 "Lawson Group" means Lawson Software, Inc. and each of its direct and indirect subsidiaries. Specified Customer for the Lawson-Maintained Products, as amended by Lawson from time to time. 1.13 "Lawson Partnef means each entity that is then currently 1.36 "Taxes" means any value-added, sales, use, excise, goods and appointed as a "Lawson Partner" by any Lawson Group company. services, withholding taxes, duties or other taxes, interest and 1.14 "Lawson-Maintained Products" means the unmodified Products or penalties that are levied or assessed by a governmental authority Limited Offering that are specified as "LMP" in an applicable Order because of the Agreement, excluding: (a) taxes for which Customer Fonn while eligible for Maintenance under Section 4 below. provides Lawson a valid tax exemption or resale certificate, (b) taxes 1.15 "Lawson Product" means each Product described in an Order based on Lawson Group's net income and (c) interest and penaties Fonn, excluding Third Party Products. caused by Lawson Group and not Customer. 1.16 "License" is defined in Section 2 below. 1.37 "Third Party means the applicable owner or supplier of a Third Party Product. 7.17 "License Term" means a perpetual period of time, unless a shorter tens is specified in the applicable Order Forth or the License is 1.38 "Third Party Product' means each Product owned by a third party terminated pursuant to the Agreement. and designated as a separate "Third Party Produd° in a POF and delivered to the applicable Specified Customer under the 1.18 "Limited Offering' means software, maintenance and/or services Agreement, excluding third party Products that are designated in that that are designated as "LO" in an Order Form. An Order Form may POF as embedded or included with a Product that is proprietary to exclude a Limited Offering from the definition of a Produd, Lawson. Maintenance and/or Service under the Agreement. 1.39 "User" means employees of the applicable Specified Customer or 1.19 "Mainstream Maintenance' is defined in Section 4.2(a) below. other natural persons who are authorized by that Specked Customer 1.20 "Maintenance` means the maintenance and support services to use the Products, Services Deliverables and Limited Offerings for described in Section 4 below and in the then current Support the internal business of that Specified Customer, subject to the Operations Handbook and purchased for the Lawson-Maintained Agreement. Products listed in an Order Fonn by the Specified Customer listed 2 License Granted. Subject to the Agreement, when a Lawson Group in that Order Fonn, excluding any Limited Offering maintenance or company and a Specified Customer sign an Order Fonn, that support that is Nsted in an Order Form as not being "Maintenance." Lawson Group company hereby grants to only the Specified 1.21 "Maintenance Period' means: (a) the Initial Maintenance Period or Customer identified in that Order Fonn, throughout the License (b) any renewal period of Maintenance under Section 5 below or Term, anon-transferable and non-exclusive license to that Specified under the applicable Onler Fonn. Customer to use and allow that Specified Customers Users to use 1.22 `Maximum Use Designations" means the user limitation defined the respective Products, Service Deliverables and Limited Offerings and shown in the Order Forth applicable to the Products, Services identified in that Order Fonn for up to the Maximum Use or Service Deliverables. Designations identfied in that Order Fonn and only for the internal business of that Specked Customer ("License°). Customer Master T&C's -North America Page 2 of 6 Revised 2007 August 14 2 5A-4 Lawson Software Customer Agreement Master Terms and Conditions 2.1 Installation and Use. 2.5 Restrictions. 2.1.1 Unless otherwise authorized by Lawson In writing, only the 2.5.1 The Specified Customer identified in an Order Form may not applicable Specified Customer, Lawson Group or a Lawson Partner transfer, rent, lease, redistribute or re-license the Products or retained by that Specified Customer, may install or host the Service Deliverables or use the Products or Service Deliverables Products, upgrades, enhancements and new Releases of the listed in that Order Forth to provide data processing, outsourcing, Products, Service Deliverables and Specified Customer service bureau, hosting services or training to third parties. Customer modifications of the Lawson Products and Service Deliverables will not disassemble, decompile, decode or reverse engineer the listed in the Order Forth identifying that Specified Customer. Software, except as expressly permitted by applicable law. 2.1.2 The Specified Customer identified in an Order Forth or Statement 2.5.2 Only employees of Customer may attend Lawson training. ' of Work may use the Products and Services Deliverables listed in 2.5.3 Customer shall not directly or indirectly,expart the Products or that Order Forth or Statement of Work only in accordance with the Se i Documentation. rvce Deliverables from the country of initial delivery by Lawson without the prior written authorization of Lawson and compliance with 2.1.3 Customer must obtain applicable Third Party approval before applicable laws and regulations. granting a Lawson Partner or third party permission to install, use 2,5.4 The restrictions in the Agreement concerning the use, confidentiality or host Third Party Products on that Lawson PartnePs or third and export of the Products and Service Deliverables extend to an party's hardware platform. Y updates, upgrades, enhancements, Releases, or support materials 2.1.4 The License does not allow a Specified Customer identified in an related to the Products or Service Deliverables, and provided by Order Forth to use source code unless the source code has been Lawson or its Third Parties. delivered to that Specified Customer under either (a) that Order 2.5.5 Customer shall comply with applicable laws when using any Forth or (b) a separate Escrow Agreement entered into by that Products, Services, Service Deliverables or Limfted Offerings. Specified Customer. The applicable License govems the use of any source code. The Escrow Agreement govems the use of any 2.5.6 Each Specified Customer is responsible for compliance with the source code delivered under that Escrow Agreement. Agreement by each of its Users. 2.2 Software and Documentation Copies. 2.6 Country Versions. The Products licensed to the Specified 2.2.1 The Specified Customer identified in an Order Forth may copy the Customer identified in an Order Forth are the country version of the Software listed in that Order Forth only for backup and archival Products only for the country(s) listed in that Order Forth. That purposes. Specified Customer may, upon written request and payment of the 2.2.2 During the Maintenance Period and upon request and for a nominal applicable fees, license other thencurrently available country handling charge, Lawson will provide additional copies of the versions of the Products under the then current terms and Lawson Products listed in an Order Form (subject to the Maximum conditions. Lawson is not obligated to modify or develop software to Use Designations shown in that Order Form) to the Specified meet any requirements of any country orjurisdiction. Customer identified in that Order Fortin. 2.7 Verifications. 2.2.3 Customer may copy the Lawson Documentation and Service 2.7.1 If requested by Lawson, Customer will inform Lawson each calendar Deliverables only for use with the applicable Software under the year of the countries where the licensed Products are located and License. used. 2.2.4 Customer may not copy Documentation for Third Party Products 2'7.2 The Maximum Use Designations for each Product licensed under the unless permitted by the applicable Third Party. Agreement are set out in the applicable Order Form. 2.2.5 Customer must retain and include on each copy of the Products 2'7.3 Customer acknowledges that some Products may contain software and Service Deliverables, all titles, trademarks, and copyright and that will monitor the actual users and prohibit unauthorized use of the restricted rights notices and Customer will document the number of Software. copies. 2.7.4 After reasonable notice and request (and no more than once per 2.3 Third Party Products Sublicensed by Lawson. calendar year): (a) the Specified Customer identified in an Order 2.3.1 Third Party Products Sublicensed by Lawson may be used only Form will provide Lawson a verification of that Specified Customers with the Products and the operating system/database shown in the compliance with the Maximum Use Designations listed in that Order applicable Order Form. Forth and (b) Lawson, its Third Parties or their representatives may inspect the location where the Products listed in that Order Forth are 2.3.2 Customer is responsible for licensing and paying for additional third installed to verify compliance with the Agreement, provided the party products that may be required for use of upgrades, inspection is during normal business hours, complies with that enhancements or new Releases of the Lawson-Maintained Specified Customer's confidentiality and securfty policies, and does Products. not unreasonably interfere wfth that Specified Customer's business. 2.3.3 If the reseller agreement terminates between Lawson and a Third 2.7.5 The Specified Customer will promptly: (a) notify Lawson if it Party for any Third Party Products listed in an Order Form: (a) the becomes aware that it has exceeded the Maximum Use Specified Customer identified in that Order Forth may continue to Designations listed in an Order Form for that Specified Customer use those Third Party Products under the License for the License and (b) pay Lawson the then current list price for those additional Term and (b) that Third Party will continue to be a third party Maximum Use Designations plus applicable Taxes. beneficiary to the Agreement and may enforce its rights under the 2,7.6 If Lawson teams that the Specified Customer has exceeded the Agreement as the licensor of the applicable Third Party Product Maximum Use Designations listed in an Order Form for that Sublicensed by Lawson to that Specified Customer. Specified Customer, and that customer has not previously paid 2.4 Modifications and Ownership. Lawson for that overage under Section 2.7.5 above, after notice from 2.4.1 Customer may modify the Lawson Products and Service Lawson that Specified Customer will promptly pay Lawson: (a) the Deliverables only to the extent permitted under an Order Forth or then curtent list price for those additional Maximum Use described in the Documentation for those Products. The Lawson Designations plus a 25% surcharge of that amount, plus applicable Products listed in an Order Form may be used by the Specified Taxes and (b) the reasonable costs of conducting the verification Customer identified in that Order Form or by Lawson Partners under Section 2.7.4 if the Maximum Use Designations were retained by that Specified Customer to develop and use (for only exceeded by more than 5°/ . the internal business of that Specified Customer) Software 2 7 7 Customer will not be entitled to a reduction or refund of any fees interfaces. Subject to the License, Lawson and its Third Parties will because the number of actual users is less than the Maximum Use continue to own all Intellectual Property Rights for the Products, Designations. Services, Service Deliverables and any modifications of the respective Products or Service Deliverables. Unless authorized by 3. Delivery and Installation. separate agreement, Customer will not modify Third Party 3 1 Lawson will rom tl deliver to the S ecified Customer identfied in Products. p p y p an Order Forth one copy of the Products listed in that Order Forth. 2.4.2 The Agreement and Customer will not restrict Lawson Group's or Title to any delivered goods passes at place of shipment (subject to its Third Parties' independent development, use or licensing of any the License), unless prohibited by applicable law. type of software. 3.2 Except as otherwise agreed in an Order Forth, Customer is 2.4.3 If an Order Forth lists a Product for development and test use only, responsible, at Customer's expense, for installation of the Software the Specified Customer identified in that Orcler Forth may use that and Service Deliverables, User training, data conversion, Product for development and testing but not for production (unless implementation and other services. that Specified Customer has licensed that Product separately for production use). 4. Maintenance. 4.1 During the Maintenance Period, Lawson will directly or indirectly provide to the Specified Customer identified in an Order Forth Customer Master T&C's -North America Page 3 of 6 Revised 2007 August 14 25A-5 Lawson Software Customer Agreement Master Terms and Conditions Maintenance for the Lawson-Maintained Products listed in that 5.2 After the Initial Maintenance Period (unless otherwise stated in an Order Fonn. Unless othenwise stated in that Order Fonn, and Ober Forth), Maintenance for the Lawson-Maintained Products will based on the type and level of Maintenance purchased, automatically renew for successive one year Maintenance Periods Maintenance will include the following: so long as Lawson makes that Maintenance available to its a) make available to the Specified Customer identified in that customers, unless the Specified Customer identified in the Order Order Forth general technical information and assistance with Forth for those Products or Lawson notifies each other of non- problem determination, isolation, verification and resolution renewal before the renewal date. during the hours specified in the then curent Support 5.3 Lawson may consolidate the renewal date for Maintenance Periods Operations Handbook; under one or more Order Forms into one Maintenance renewal date b) correct programming errors in the Lawson-Maintained Products each year for Customer. If Customer has prepaid Maintenance fees listed in that Order Forth to comply with the Product Warranty as of the consolidated Maintenance renewal date, Lawson will credit under Section 7.1 below and allow the Lawson-Maintained the unearned portion of the prepaid Maintenance fees as part of the Products, when property installed and configured (if not installed renewal Maintenance fees due on the next consolidated and configured by Lawson), to operate matedally and Maintenance renewal date. substantially as described in the Documentation for those 5.4 If Maintenance has terminated and Customer and Lawson desire to Products, by providing that Specified Customer a program reinstate Maintenance, Lawson will promptly reinstate available patch, update, new Release, or instructions for avoiding the Maintenance if Customer pays Lawson: (a) all outstanding invoices, error, as determined by Lawson; and (b) the Maintenance fees for the next Maintenance Period, and (c) a c) provide that Specfied Customer updates and new Releases of "Reinstatement Fee" equal to 2% of the then current list price for the the same Lawson-Maintained Products listed in that Order Lawson-Maintained Products for each month not under Forth when generally made available by Lawson for installation Maintenance. and use by that Specfied Customer under the Agreement. 6. Services. New Products require a separate Order Forth and are not provided as a new 6.1 Except as otherwise agreed in an applicable Order Forth, all Release or as part of Maintenance for other Products. Services will be on a time and materials basis at Lawson's then 4.2 During each respective Maintenance Period, Lawson will provide current rates (the °Services Fees°) plus applicable Taxes, payable Maintenance for: within 30 days after invoice date. a) each Release of aLawson-Maintained Product for at least 36 6.2 The Services will be performed in the manner and under the terms months after general availability of that Release ("Mainstream described in the relevant Statement(s) of Work. Maintenance"); and 6.3 Lawson will select the personnel and provide the Services directly or b) each Release of aLawson-Maintained Product for at least an through a subcontractor, and may reassign personnel if additional 24 months after termination of Mainstream reassignment does not materially impede the performance or Maintenance ("Extended Maintenance"). Extended schedule of Services. Maintenance is subject to an addtional Maintenance fee, and 6.4 Except as otherwise agreed in an applicable Order Form, the may exclude updates. Specified Customer identified in an Order Form will reimburse 4.3 Lawson will publish on its support website the scheduled Lawson for reasonable travel and out-of-pocket expenses incurred termination date for Maintenance of each Release that has a when rendering on-site Services, Maintenance or Product Warranty scheduled termination date. services for any Products listed in that Order Form. 4.4 Lawson will not materially degrade its Maintenance practices 6.5 Customer may elect to purchase installation, implementation and during the Maintenance Period. other available Services directly from Lawson or a Lawson Partner. 4.5 Customer may elect to purchase at Customers expense from the 7. Warranties. applicable Third Party available support for the Third Party Products specified in an Order Form or Support Operations 7.1 Product Warranty. At the time of delivery of the Products listed in an Handbook as not maintained or supported by Lawson ("No LM"). Order Forth, Lawson warrants that (the "Product Warranty'): 4.6 Unless otherwise described in an applicable Order Form, Lawson 7.1.1 Media. The media for those Products as provided by Lawson will be does not maintain or support Service Deliverables or Products free of defects; modified outside of Maintenance provided by Lawson. 7.1.2 Viruses. Before delivery of those Products by Lawson, Lawson will 4.7 Lawson Maintenance requires that: have used up-to-date, commercially available virus scanning and cleaning, and will not have, based on the results of that scanning a) Customer uses an Internet browser with access to the World and cleaning, delivered to the Specified Customer identified in that Wide Web and an a-mail address to obtain Lawson Order Forth Products containing any computer viruses, time bombs, Maintenance; harmful and malicious data, or other undocumented programs which b) only persons trained by aLawson-certified trainer may access inhibit Product use; and Lawson Maintenance; 7.1.3 Functionality. Those Products will include the functionality described c) Customer provides Lawson reasonably available information in the Documentation for those Products. and technical assistance; 7.2 Services Warranty. Lawson warrants that at the time of Services d) he Products must be properly installed; delivery, the Services will be provided by trained personnel and in a e) Customer complies with the Support Operations Handbook; professional manner using commeroially reasonable efforts. 7.3 THE WARRANTIES REFERENCED IN THE AGREEMENT ARE f)the Specified Customer for the Lawson-Maintained Products listed MADE SOLELY BY LAWSON AND ARE IN LIEU OF ALL OTHER in an Order Forth uses those Products only on the operating WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED system/database and in the technical environment shown in WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A that Order Forth or applicable Documentation; and PARTICULAR PURPOSE. Lawson does not warrant that the g) Customer uses the Products in accordance with the Products, Services, Service Deliverables or Limited Offerings are Documentation. free of nonmaterial defects or will meet the specific requirements or 4.8 If Lawson reasonably determines that a Customer-reported needs of Customers business (whether or not those requirements problem is (1) not caused by the Lawson-Maintained Products, (2) and needs are known to Lawson). due to Customers modification of the Products or noncompliance 8. Customer's Remedies. with the Documentation or the then curtent Support Operations Handbook, or (3) due to Customers lack of training on the 8.1 Customers exclusive remedies for Lawson Group's breach of the functionality or use of the Products, and Lawson is reasonably able Product Warranty or a Maintenance default are as follows: to correct the problem at Customers request, then Customer will a) Lawson will provide Maintenance (if purchased by Customer) to reimburse Lawson for handling that problem at Lawson's then repair, replace or furnish an upgrade of the Lawson-Maintained curtent rates. Products to enable those Products or upgrade of those Products 5. Maintenance Renewal and Reinstatement. to comply with the Product Wartanty and Section 4 above; and 5.1 Before each renewal date of the Maintenance Period, Lawson will b) if Lawson does not comply with Section 8.1 (a) above within the provide to the Specified Customer for the Lawson-Maintained Cure Period, Customer may recover direct damages for the Products listed in an Order Forth an invoice for the Maintenance Lawson-Maintained Products subject to the damage claim, fees for those Products for that renewal period, plus applicable including up to a refund of the License fees or Maintenance Fees Taxes. paid by Customer to Lawson for those Products, subject to the time periods and limitations described in Section 15 below. Customer Master T&C's -North America Page 4 of 6 Revised 2007 August 14 25A-6 Lawson Software Customer Agreement Master Terms and Conditions 8.2 Customers exclusive remedies for breach of the Services Warranty c) gives Lawson all available non-pdvileged information reasonably or a Services default are as follows: requested by Lawson concerning the suit orclaim; a) Lawson will re-perform those Services at no add'Rional charge d) does not make any admissions that prejudice, or might prejudice within the Cure Period; and the defense; and b)rf Lawson does not complete that re-performance within the e) has used the Products in compliance with the Agreement, Cure Period, Customer may recover direct damages, including complies with this Section 11 and reasonably cooperates wkh up to a refund of the Services Fees paid by Customer to Lawson in the defense (Lawson wig reimburse Customers Lawson for those Services not re-performed and timely cured, reasonable out-of-pocket costs of that requested cooperation). subject to the limitations described in Sedien 15 below. 11,2 Customer may also retain legal counsel to participate in the defense 8. Lawson's Remedies. of a claim under this Section 11. Lawson will reimburse Customer for the reasonable fees and expenses of Customer's legal counsel only 9.1 Upon request, Customer will provide Lawson sufficient financial if Lawson fails to continue to retain legal counsel as required by this information to enable Lawson to determine Customer's Section 11. creditworthiness. Lawson may withhold delivery of any Products or Services pending credit approval by Lawson. 11.3 If the Products or Service Deliverables are held or are reasonably believed by Lawson to infringe under this Section 11, Lawson will at 9.2 Lawson may suspend or terminate Maintenance and/or Services at its expense and to the extent commercially reasonable, modify or any time if all Lawson invoices, that are then due and payable, are replace the applicable Products or Service Deliverables to be non- not paid within 15 days after notice of late payment. infringing and with similar fundionality, or obtain permission for 9.3 Late a ents will bear interest at the lesser of 8% r Cus om r P Ym pe annum or t e to continue using the Products and Service Deliverables the maximum annual rate allowed by applicable law. under the License. 9.4 Lawson may terminate the License, the Agreement or any Order 11.4 Lawson will have no obligations or liability for any suit or claim of Forth if any undisputed invoices are not paid by Customer within 15 infringement based on Customer's use of a superseded or days after notice of late payment or if Customer does not cure any Customer-akered Release of the Products or Service Deliverable to other material breach of the Agreement within 90 days after notice the extent that the obligation or liability would have been avoided by of breach. the use of a then current Release of the Products or Service 9.5 Lawson may immediately terminate the Agreement or portion of the Deliverable which Lawson provides to Customer. Agreement to the extent that it becomes illegal for the Lawson 11.5 If Lawson determines that the remedies in this Section 11 are not Group to conduct business with Customer. commercially and reasonably possible and a court orders or is 9.6 Customer will promptly destroy or return to Lawson all Products reasonably likely to order Lawson to terminate the Agreement to the and Service Deliverables if the License and the Agreement extent it relates to the infringing Product or Service Deliverable: terminate as described in Sections 9 or 17.2 (Third Party Products a) Lawson will pay Customer, as Customer's sde and exdusive must be returned to Lawson upon termination of the License). remedy against Lawson (other than indemnification by Lawson under this Section 11) an amount equal to the License fee paid 10. Confidential Information. under the Agreement for the infdnging Product and Service 10.1 "Confidential Information" means objed code, source code and Deliverable and any other Product(s) and Service Deliverable(s) benchmark tests for the Products and Service Deliverables, Limited that become substantially unusable because of the infringement Offering software, pricing, non-standard Lawson contract terms, less the cumulative depreciation of those Produds and Service Customer financial information, data and all other information Deliverables based on a six (6) year straight line depreciation reasonably believed to be confidential, but excludes: commencing one (1) year after the initial date of the License for a information made available to the those Products and Service Deliverables; and general public without restddion by the disclosing Party or by an authorized third b) Customer will cease to use and will return to Lawson such party; Product(s) and Service Deliverable(s). b) information known to the receiving Party independent of 11.6 Customer will reasonably cooperate wkh Lawson to mitigate disclosures by the disclosing Pally; infringement damages. c) information independently developed by the receiving Party 12. Insurance. While Lawson is rendering any on-site Maintenance or without access to or use of the disdosing Partys Confidential Services, Lawson will maintain comprehensive general liability Information; or insurance for bodily injury and damage to tangible property, with d) information that the receiving Party may be required to disclose coverage of at least $1,000,000 USD per occurrence, with a general pursuant to a valid and enforceable subpoena or other lawful aggregate limit of at least $2,000,000 USD. process. The receiving Party will immediately notify the 13. No Hire of Certain Lawson Employees. Customer agrees that until disclosing Party of any obligations to disclose under this Section one year after the later of (a) the termination of the Maintenance 10.1 (d) so that the disclosing Party can appear and prated its period or (b) the completion of Services, Customer will not hire, interests. Customer's Confidential Information also excludes employ, retain (diredly or indiredly), or contrad for services direct) any new features or functionality suggested by Customer for the Y Produds orService Deliverables. with any current employee of the Lawson Group who is or has been working in any capacity with Customer, and whose services have 10.2 The Parties will use reasonable efforts to keep each other's been invoiced to Customer, without receiving prior written consent Confidential Information secret and will use that information only to from Lawson. If Customer violates this Sedion 13, Customer agrees fulfill the rights and obligations underthe Agreement. to pay to Lawson as liquidated damages a fee of 100% of such 10.3 Either Party may disdose in confidence the other Party's Lawson employee's annual compensation in effect at the time of Confidential Information on a need-to-know basis to other persons, such employee's severance of employment with Lawson, as and the Party making that disclosure will be responsible for that evidenced by a copy of such employee's most recent payroll record. person's compliance with the Agreement. 14. Force Majeure. 10.4 The Parties will have the right of injunctive relief to maintain 14.1 Neither Party will be in default of its obligations under the Agreement compliance with this Sedion 10 and prevent unauthorized or liable to the other for any noncompliance arising from causes disclosure, use or export of the Products, Service Deliverables, Limited Offerings or other Confidential Information. beyond the reasonable control of the Party, including, without limitation, fires, floods, natural disasters, communication failures and 11. Infringement Indemnity and Remedies. other equipment or telecommunication problems. 11.1 Lawson will, at its expense, retain legal counsel and defend any 14.2 Each Party will use reasonable efforts to resolve promptly any type suit or claim brought against Customer and will indemnify of force majeure event described in Section 14.1. Customer against any third party damage claims that the Produds 15. Limitations of Liability. or Service Deliverables as licensed and delivered by Lawson infringe any third partys Intellectual Property Rights, only if 15.1 In no event will Lawson, Lawson Group, Third Parties or Customer. Customer be liable for indirect, incidental, punitive, exemplary, a) promptly notfies Lawson after Customer learns of the suit or special or consequential damages, or damages for loss of claim, and no delay by Customer in providing that notice Profits, revenue, data or use, incurred by either Party, whether materially prejudices the rights of Lawson; in contract or tort, even if the other Party has been advised of the possibility of such damages. Neither Party will seek or apply b) gives Lawson authority to defend or settle the suit or claim for such damages. (provided that Lawson does not agree to any settlement that 15.2 Other than indemnification b Lawson for third y materially prejudices Customer); under Section 11 above or bodily Injury or direct damaage to real Customer Master T&C's -North America Page 5 of 6 Revised 2007 August 14 25A-7 Lawson Software Customer Agreement Master Terms and Conditions or tangible personal property to the extent caused by 19.2 Other communications may be delivered by fax, a-mail or other Lawson's gross nsgligenca, Lawson, Lawson Group and Its written means. Third Parties' aggryats and cumulathra flabllity for damages to Customer: 20. General. a) for the Products, the Product Warranty or Maintenance, 20.1 All services provided by Lawson will be provided as an independent whether in contract or tort, will be limited to actual direct contractor, and neither Party will be, or represent itself to be, the money damages in an amount not to exceed: (1) franchiser, franchisee, agent, legal representative or fiduciary of the theLicense fees paid by Customer to Lawson for the other Party. Products subject to the damage claim if Customer notifies 202 The Agreement may be amended only in writing signed by the Lawson of the claim within one year after the date of the Parties, except that Lawson may upon notice to Customer and earliest Order Form for those Products or (2) the most without Customers signature, amend an Order Form to eorect recent annual Maintenance fees paid by Customer to errors without increasing the License fees or Services rates. Lawson for the Products subject to the damage claim if 20.3 The Agreement contains the complete agreement with Customer Customer notifies Lawson of the claim more than one year 9 y products, software, maintenance or services after the date of the earliest Order Forrn for those Products concemin an sub ect to the dame a claim• provided by any Lawson Group company. The Agreement J g supersedes all purchase orders, prior agreements, representations, b) for the Services and Services Warrant wheth r y, a In statements, requests for proposal, proposals, negotiations, contract or tort, will be limited to actual direct money understandings and undertakings concerning any products, damages in an amount not to exceed the Services Fees software, maintenance, service, Service Deliverable or Limited paid by Customer to Lawson for the Services subject to the 1 Offering. damage claim during the one year period prior to Customer 20.4 The Agreement will commence into force on the date that Lawson notifying Lawson of the claim; and signs the Agreement and will continue in force until the Parties agree c) for any Limited Offering, whether in contract or tort, will be otherwise or the Agreement is terminated in writing in accordance limited to actual direct money damages in an amount not with the provisions of the Agreement. to exceed any fees paid by Customer to Lawson for that 20.5 Sections 1, 7.3, 9, 10, 11, 13, 14, 15, 17, 19, 20, 21 and 22, and the Limited Offering during the one year period prior to rovisions of the A reement concemin Customer notifying Lawson of the claim. p 9 g protection of Intellectual Property Rights, will survive any termination or expiration of the 15.3 The limitations of liability in Section 15 apply to Lawson Group Agreement. in the aggregate and are not additive among each Lawson Group company. 21. Governing Law and Dispute Resolution. ' 15.4 The Parties will each use reasonable efforts to mitigate their 21.1 The Agreement is governed by Minnesota law (without regard to damages. conflicts of laws principles). All of the terms of the Agreement shall 15.5 Section 15 describes the agreed allocation of risk. be enforceable to the full extent allowed by Minnesota law. If Minnesota law changes in any manner contrary to the express terms 16. Source Code Escrow. Unless an Order Form specifies delivery of of the Agreement, those changes will not govern the Agreement to source code fora Product, all Products will be provided in object the extent that those changes can be lawfully waived by contract. code only to the Specified Customer identified in an Order From. 212 Promptly after the written request of either Party, each of the Parties During the Maintenance Period, the Specified Customer identified will appoint a designated representative to meet promptly in person in an Order Form may elect to become a beneficiary under the or by telephone to attempt to resolve in good faith any dispute applicable Escrow Agreement between Lawson Group and its concerning Lawson's invoices, the Products, Maintenance, Services, escrow agent for the Lawson Products delivered by Lawson in a Limited Offering or the Agreement. If the designated object code only under that Order Form (excluding Third Party representatives do not resolve the dispute, then either Party may Products) by: (1) signing the applicable acceptance form provided request that an officer of Lawson and an officer of Customer meet by Lawson and (2) paying the escrow agent all initial and renewal promptly in person or by telephone to review and attempt to resolve escrow fees. The License and the Escrow Agreement govern any the dispute in good faith. Product source code provided to Customer under the Escrow 21 3 Unless prohibited by applicable law, Lawson and Customer each Agreement. waive their right to a trial by jury for any disputes between the 17. Assignment. Parties. 17.1 Customer may not assign the License or the Agreement, or transfer 21.4 No Iftigation, arbitration or other action relating to the Products, any rights or obligations under the Agreement. Maintenance, Services, Limned Offering, Lawson's invoices or the 17.2 If a Lawson Competitor acquires a controlling interest in the capital Agreement may be brought: (a) if the injured Party has not stock or assets of Customer or Customers successor, Lawson may participated or agreed to participate in the meetings described in elect to terminate the Agreement upon notice to Customer and Section 21.2 above or (b) if the cause of action has been known by shall have no refund obligations to Customer. the injured Party more than 2 years. 17.3 Lawson Group may transfer the right to receive payments under 21'5 Each Party will pay (without reimbursement) its own legal fees and the Agreement. expenses incurred in any dispute. 17.4 Lawson Group may transfer the Agreement in connection with a 21.6 The Parties must comply wfth this Section 21 for any dispute. merger, reorganization, sale or transfer of all or substantially all of 22. United States Government Restricted Rights. If the Products or the assets of Lawson Group or its applicable operating subsidiary Service Deliverables are acquired by or for the United States ("U.S.") or division. Government or by a U.S. Government prime contractor or 17.5 Any assignment or transfer in violation of this Section 17 is void. subcontractor (at any tier), then the U.S. Government's rights in the Products and Service Deliverables will be only as set forth in the 18. Publicity. Agreement. This Section 22 is in accordance with 48 CFR 227.7201 18.1 Efther Party may (in any presentations, press release, advertising through 227.7202-4 (for Department of Detense (DOD) acquisitions) or publicly-disseminated materials) refer to the other Party, to the and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions), and Products and Services acquired by Customer, or to background other applicable sections of the U.S. Code of Federal Regulations information, including, far example: Lawson competitors and then in effect. competing products considered by Customer, net value of the Agreement, and Customer business needs and reasons for (End of Lawson Software Customer selecting Lawson and the Products. Agreement Master Terms and Conditions) 18.2 Pricing and non-standard Lawson contract terms will remain confidential under Section 10 above. 19. Notices. 19.1 All notices required under the Agreement must be in writing and delivered electronically or by other method providing for proof of delivery, to the atterMion of the Party's president or managing director, at the address on the applicable Order Form (unless a different recipient or address has been designated by notice to the other Party). Customer Master T&C's - Nor[h America Page 6 of 6 Revised 2007 August 14 25A-8 N 'O O) ~ D) C ~ O) m C C N d ~ O C C) ~ a C~ C O7 N j C~ N C ~ E c ~ vi ai m ~ o d~ ~ m ~~o al ~ ~ .o ~ d (n ~ v p L .D (n m J L 3 0 D_ C y C 3 d N Y9 N E N X m L m ~ C O) N Q. d F 7~ ~ N U° N 'O N m ~ O C p N m 3 m a C OIL N _O L J~ ~ d N O.O ~ CYO ~ O Z O O N N O) O H O N (O O D ~ C C ~ N L N ~ Q) Y6 ~ U EL ~~a aciw. m €c 3a a m• n N~da - Eo mom o~ E Zma m L N O p O O L (O p7 L N N (n N = O) N m ' d r_. .O O Q fl O O O- d~ C O N ~ -O .L-. _ N C C ~p d C> L d O c'c~o ~c m $ m 0 3 io 0 aNiaoi c.oN mrd ~T ~3 a n ~ c c~-a~~' m~ ~ m~ vi° 7no E v9 a C N C O) EO Q C N m ~ N ° E ~ O) C CO N O w L C O d ~ m E d N> N c m a d~ N u. y ~ o d m?~ ~ m E L c ~Um Oo m dm o-E 3N m ~ ~ o ~y d°'~ aU ~ mE °r' mm •o ~ o U n m•o mo m Ed a~ ° ~ oin C .6 Ci T O N m ^ 3 7 41 C O C C U 'O E C L T O n ~ '6 Q. 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REQUEST FOR COUNCIL ACTION - a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED COOPERATIVE AGREEMENT FOR As Recommended THE NEWPORT BAY WATERSHED As Amended Ordinance on 1S` Reading MANAGEMENT AREA Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For CONTINUED TO , L--r~ ~ FILE NUMBER i CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the County of Orange to participate in the management of the Newport Bay Watershed Management Area and to become a member of the Executive Committee. DISCUSSION The Newport Bay watershed encompasses a drainage area of approximately 154 square miles including all or portions of the cities of Tustin, Newport Beach, Irvine, Lake Forest, Santa Ana, Costa Mesa, Orange, Laguna Hills, and Laguna Woods. Approximately 75 percent of Santa Ana drains to the Newport Bay via the Santa Ana Delhi Channel. The Federal Clean Water Act (FCWA) requires states to identify all seriously polluted or "impaired," water bodies. In California, the State Water Resources Control Board (SWRCB) sets maximum pollutant levels that impaired water bodies can receive. The Newport Bay Watershed has been identified as an impaired water body by the SWRCB. To meet maximum pollutant level requirements, treatment technologies and best management practices (BMPs) must be put in place within the watershed. A cooperative agreement for the management of the Newport Bay watershed was created with the main purpose of providing a management framework for parties within the watershed. The County of Orange is the lead agency for the committee and establishes a budget annually based on the requirements from the SWRCB. The FY 2010-11 budget for the entire program is $1.417 million. Each party's share is based on a formula that uses population and total area that contributes to the watershed. Santa Ana's share is calculated to be 12.24 percent or $200,000. 25B-1 Cooperative Agreement for the Newport Bay Watershed Management Area April 19, 2010 Page 2 As part of the agreement, the New ort Ba Watershed Executive Committee was established to p Y give major stakeholders a voice and input as to the direction of treatment technology and BMP selection. This cooperative agreement will add Santa Ana as a major stakeholder and provide the city with representation on the executive committee. FISCAL IMPACT Funds for the City's share of the costs are available in the Federal Clean Water Enterprise (accounting unit 05717640-62300) in the amount of $200,000 for Fiscal Year 2010-11. APPROVED AS TO FUNDS AND ACCOUNTS: r Rau odinez II Francisco Gutierrez fir, Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit 1: Agreement 25B-2 Agreement D08-104 COOPERATIVE AGREEMENT FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA ' FOURTH AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT THIS FOURTH AMENDMENT to the Cooperative Agreement is numbered (hereinafter ~~COOPERATIVE AGREEMENT") and is made and entered into this day of 2009, by and between the County of Orange, the Orange County Flood Control District, the Cities of Irvine, Lake Forest, Newport Beach, Tustin, Santa Ana, Costa Mesa, the California Department of Fish and Game, The Irvine Company, the Regional Water Quality Control Board, Santa Ana Region and the Irvine Ranch Water District. These entities are hereinafter sometimes jointly referred to as the ~~PARTIES" and individually as ~~PARTY". W I T N E S S E T H WHEREAS, on September 30, 1983, a COOPERATIVE AGREEMENT was entered into by the County of Orange, the Cities of Irvine and Newport Beach, The Irvine Company, and the California Department of Fish and Game to implement the Comprehensive Stormwater Sediment Control Plan (hereinafter ~~PLAN") in the San Diego Creek-Newport Bay Watershed (hereinafter ~~NEWPORT BAY WATERSHED") and established the Newport Bay Watershed Executive Committee; and, WHEREAS, the primary purpose of the PLAN is to reduce sedimentation of Newport Bay; and WHEREAS, the sediment affecting Newport Bay which originates in natural open space lands as well as lands disturbed by man for agricultural and urban uses; and, WHEREAS, if sedimentation of Newport Bay is not controlled, the State owned ecological preserve in upper Newport Bay may continue to be degraded and large amounts of sediment may be deposited in lower Newport Bay, thus impairing the valuable small boat, commercial and recreational land uses; I and, - 1 - 8-26-09 25B-3 Agreement D08-104 WHEREAS, the PARTIES have limited resources with which to address the implementation of the PLAN and it is recognized that any effective implementation of the PLAN will depend upon availability of funding sources at the regional, state and federal levels; and, WHEREAS, on September 25, 1985, the COOPERATIVE AGREEMENT was amended to add the City of Tustin as a participant; and, WHEREAS, on April 20, 1999, the COOPERATIVE AGREEMENT, then numbered D99-026, was amended to add the Orange County Flood Control District, the City of Lake Forest, the Regional Water Quality Control Board, Santa Ana Region, and the Irvine Ranch Water District as participants and the purpose of the agreements was expanded to include cooperative work on nutrient impairments and other common watershed issues in the NEWPORT BAY WATERSHED; and, WHEREAS, since the last amendment of the COOPERATIVE AGREEMENT in 1999 a number of changes affecting water quality regulation, funding and governance have affected the NEWPORT BAY WATERSHED including: 1. Total Maximum Daily Loads (hereinafter ~~TMDL" or ~~TMDLs") have been approved by the Regional Water Quality Control Board, Santa Ana Region for fecal coliform on April 9, 1999, diazinon and chlorpyrifos on April 4, 2003, and organochlorine pesticides on September 7, 2007, and by the United States Environmental Protection Agency for toxic pollutants on June 14, 2002. Additional TMDLs are in development. The organochlorine pesticides TMDL recognizes that pollutants other than the organochlorine compounds, such as metals, pyrethrins or other emerging pollutants may pose the more real or significant threat to beneficial uses in the watershed and allows stakeholders to pursue an integrated approach to TMDL implementation through development and implementation of a work plan that encompasses all sources of water quality impairment; and, - 2 - 8-26-09 25B-4 ' Agreement D08-104 2. On December 20, 2004, the Regional Water Quality Control Board, Santa Ana Region approved Order No. R8-2004-0021 regulating groundwater discharges in the NEWPORT BAY WATERSHED, resulting in the formation of the Nitrogen and Selenium Management Program to comprehensively address nitrogen and selenium issues; and, 3. On February 1, 2005, the Orange County Board of Supervisors, with input from cities and special districts, recommended the formation of three Watershed Management Areas, including a Central Watershed Management Area, comprised of the NEWPORT BAY WATERSHED and the Newport Coastal Streams Watershed, with the Newport Bay Watershed Executive Committee structure to serve as the model for governance of each Watershed Management Area; and, 9. The State of California has established requirements for Integrated Regional Water Management Plans as a basis for significant grant funding under Propositions 50 and 89 resulting in the preparation of the Central Orange County Integrated Regional and Coastal Watershed Management Plan in August 2007; and, WHEREAS, the PARTIES desire to broaden the range of cooperation to incorporate the water quality regulation, funding and governance issues described above and to expand the geographic area to include the Newport Coastal Streams Watershed, consistent with the boundaries of the Central Watershed Management Area (see Exhibit 1); and, WHEREAS, the PARTIES desire to amend and restate the COOPERATIVE AGREEMENT in its entirety; and, WHEREAS, the PARTIES intend to continue to implement the PLAN unchanged under the amended and restated COOPERATIVE AGREEMENT, NOW THEREFORE: The PARTIES hereto unanimously agree to amend and restate the COOPERATIVE AGREEMENT in its entirety as follows: - 3 - 8-26-09 25B-5 Agreement D08-104 Section 1. Purpose. This Agreement is entered into for the purpose of providing a management framework for cooperation on sediment, water quality and water resource issues in the Central Watershed Management Area, including: a) Providing a forum to evaluate and assess progress toward implementing the PLAN prepared under the Federal 208 Water Quality Planning Program; b) Formulating project implementing agreements for the elements of the PLAN and to evaluate and assess the effectiveness of the various elements of the PLAN; c) Reviewing progress and providing direction on projects to address water quality impairments, including sediment, nutrients, fecal indicator bacteria, toxicity, and any emerging pollutants; d) Reviewing opportunities and providing direction for pollutant trading or offset programs; e) Reviewing opportunities and providing direction for grant funding through Integrated Regional Water Management Plans; f) Providing oversight for the Central Watershed Management Area and any updates of the Central Orange County Integrated Regional and Coastal Watershed Management Plan; and, g) Formulating project implementation agreements for any cost-shared projects (hereinafter ~~PROJECT IMPLEMENTATION AGREEMENTS", see Section 5). Section 2. Additional Parties. It is recognized that there are other parties within the watershed that have responsibilities for controlling sediment, improving water quality and water resource management. These parties include the Cities of Costa Mesa, Laguna Hills, Laguna Woods, Orange, and Santa Ana, the California Department of Transportation, the U. S. Department of Defense, the Federal Aviation Administration, utilities, and owners of large undeveloped parcels of land. The PARTIES hereto agree to engage with these other parties, as appropriate, on the sediment, water - 4 - 8-26-09 25B-6 Agreement D08-104 quality and water resource issues described above and one or more of these other parties may be requested to participate in future PROJECT IMPLEMENTATION AGREEMENTS. PARTIES may be added to this AGREEMENT with approval of the Executive Committee and upon execution of this AGREEMENT by the new PARTY. Section 3. Executive Committee. Each of the PARTIES, except for the Orange County Flood Control District which shall be represented by the County, shall appoint a member and an alternate to an Executive Committee, to be called the Newport Bay Watershed Executive Committee. The members so appointed shall elect a chair and a vice chair to serve a two-year term. The Committee shall meet from time to time upon the request of the chair, but at least every six months. The Executive Committee shall be responsible for reviewing and reporting to the PARTIES as to whether adequate and reasonable progress is being made on sediment, water quality and water resource issues in the Central Watershed Management Area and recommending PROJECT IMPLEMENTATION AGREEMENTS. The Executive Committee may establish standing committees to support it in conducting its work. The goals and desired outcomes of the work of the Executive Committee are to: a) Integrate and improve hydrologic functioning of the watershed to optimize flood protection, water conservation and water quality protection; b) Protect, enhance, restore and connect habitat in the watershed; c) Integrate economic development with watershed restoration efforts; d) Facilitate watershed stewardship to support watershed goals; e) Build and sustain effective relationships between watershed stakeholders to achieve common goals through positive communication, collaboration, consensus and coordination; and, - 5 - 8-26-09 25B-7 Agreement D08-104 f) Create an effective, efficient, innovative, responsive, and transparent Executive Committee operation. Section 4. COMPREHENSIVE STORMWATER SEDIMENTATION CONTROL PLAN. The PLAN consists of the following elements and schedules, updated to reflect current conditions: Elements Schedules A. Improve agricultural land management Completed Resource practices Conservation Plans High erosion areas Implementation ongoing Remaining areas B. Improve construction Completed Grading Ordinance Land management practices changes and training C. Install and maintain in-channel basins Completed construction (Implementation Agreement dated 9-24-84) D. Install and maintain basins in Upper Completed construction Newport Bay (Implementation Agreement dated 5-8-84) E. Channel Stabilization Undeveloped areas: Implementation ongoing As condition of development Dedicated channels: Completed initial Inventory of deficiencies stabilization (additional Stabilization stabilization ongoing) F. Foothill basins Completed construction of 7 Incorporation into drainage basins as part of planned master plan development Construction Concurrent stabilization of downstream channels G. Monitoring Implementation ongoing Cooperative agreement (Implementation Agreements Bay monitoring dated 9-10-85, 9-2-86, 1-9-91, Develop program 8-20-96, 9-20-99) Implement The PARTIES hereto agree to use their best efforts to formulate agreements to implement the PLAN. - 6 - 8-26-09 25B-8 Agreement D08-104 The Cities of Irvine, Lake Forest, Newport Beach, and Tustin and the County of Orange have and shall continue to consider adoption of programs and/or enforcement of ordinances within each agency's jurisdiction sufficient to implement Elements A and B of the PLAN. The intent of these efforts shall be to require use of the most cost effective measures for the management of sediment that is consistent with preservation of upper Newport Bay, as set forth in the PLAN. Section 5 PROJECT IMPLEMENTATION AGREEMENTS. Implementation of any cost-shared projects to address sediment, water quality and water resource issues shall be accomplished through PROJECT IMPLEMENTATION AGREEMENTS. PROJECT IMPLEMENTATION AGREEMENTS for the PLAN shall designate a lead agency and shall provide for funding the anticipated construction and maintenance costs. The PARTIES to this COOPERATIVE AGREEMENT as well as other parties in the watershed may be participants in these PROJECT IMPLEMENTATION AGREEMENTS. Section 6. Amendment. This Agreement may be amended only with the unanimous approval of all PARTIES. Section 7. Termination. The term of this COOPERATIVE AGREEMENT shall commence upon the date when all PARTIES have executed this document and shall continue until three or more of the PARTIES have withdrawn as provided in Section 9 below. Section 8. Project Funding. All PARTIES shall use their best efforts to aid the lead agencies designated in PROJECT IMPLEMENTATION AGREEMENTS in advocating for funding, including grants, to fund the cost-shared projects. Section 9. Withdrawal of PARTIES. Any of the PARTIES to this COOPERATIVE AGREEMENT may withdraw by giving written notice of withdrawal to the other PARTIES to this COOPERATIVE AGREEMENT. The balance of the PARTIES - 7 - 8-26-09 25B-9 Agreement D08-104 shall continue in the performance of the terms and conditions of this EMENT is COOPERATIVE AGREEMENT unless and until the COOPERATIVE ACRE terminated as provided in Section 7 above. Section 10. Status of Original Agreement. Upon approval of this AGREEMENT by all PARTIES, the original COOPERATIVE AGREEMENT of September 30, 1983, as amended on September 25, 1995 and April 20, 1999, will be superseded by this AGREEMENT. Section 11. AGREEMENT Execution. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. IN WITNESS WHEREOF, the PARTIES hereto have executed this COOPERATIVE AGREEMENT the day and year first above written. - 8 - 8-26-09 25B-10 Exhibit 1 j op CENTRAL WATERSHED MANAGEMENT AREA ~r N i ~ t.t?~,ti ~ P~ie~'~rtr=a; ~~i''V i ~ ~ s ~ .1 t1€~,.t ~ P CENTRAL ' ~ ~ ~ WATERSHED . MANGEMENT ~ , .::'AREA 4~. ~ ~ ~ ~ ~ oxnxc~ _ i court tJainc. f ~ ~ soars Newport Say i 'TiJ{'1']li W at c rs h c d ~ ~r ilyjnoc~pbtlltlH( 'i., ~ ~ -~r aevixs ' j3~ r+ "Z+- 1 ~ ~ ~ n~~.,,~,~,~~ 2IfaIPO!!T II~ ~ WF ft i";)IEU ~ II>QAC~ ~ ' at ~ ~t=r, stt.n~l r,~r,n Newport ,rY _ Coestal~... Streams Watershed Data $OUfCe: C+hmalits laid Idartnaligy S1su~u Dinsim CN>~'.~ N Design and Prodl~ced Br a ~ wulcz cis l~r~y u~a c~a Gp~ oenva Date: Maq 5, 2008 0 3 io.oao ~~,ooo COUNTY OF QRANGE, CALIFORNIA 25B-11 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year first above written. COUNTY OF ORANGE/ORANGE COUNTY FLOOD CONTROL DISTRICT Date: By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date: By: Deputy County Counsel 25B-12 REQUEST FOR COUNCIL ACTION ~ ~4Y~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED FY HOMELAND SECURITY GRANT ? ,4s Recommended PROGRAMS -MMRS 2009 ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ,r' ``~L~ v' ~~L~--~--- FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Fire Chief to execute on behalf of the City of Santa Ana any actions necessary for the purpose of obtaining federal financial assistance provided through a grant from the U.S. Department of Homeland Security, related to the 2009 Metropolitan Medical Response System grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County in the amount of $316,403, subject to non-substantive changes approved by the City Manager and City Attorney for the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an Appropriation Adjustment recognizing the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2009 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the California Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions to develop plans, conduct training and exercises, and acquire various equipment and supplies, to achieve the enhanced capability necessary to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared with other cities though out the County. The Santa Ana Fire Department is to receive $316,403 of grant funding, excluding $4,818 (1.5%) of the total award being retained by the County of Orange for "management & accounting" of the grant (actual award to Santa Ana is $321,221). 55A-1 FY 2009 Homeland Security Grant Programs April 19, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the City's FY 2010 MMRS revenue grant account (accounting unit no. 146150252000) by $316,403, and appropriate same into the City's 2010 MMRS grant expenditure account (accounting unit no. 14615364-various). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Francisco Gutierrez ~,,,f Fire Chief Executive Director Fire Department Finance & Management Services Agency 55A-2 jas:041210 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2009 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Metropolitan Medical Response System Grant Program (MMRS). B. MMRS provides funds to local emergency first responders to develop or enhance existing emergency preparedness systems to effectively respond to a public health crisis. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided through the Metropolitan Medical Response System Grant Program by the federal Department of Homeland Security and subgranted through the State of California Office of Homeland Security. 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 , 2010. Miguel A. Pulido Mayor 55A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-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-4 i 2 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 3 FOR 209 HOMELAND SECURITY GRANT PROGRAM PURPOSES 4 ~ THIS AGREEMENT is entered into this day of 2{)0_, which 6 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 7 political subdivision of the State of California, hereinafter referred to as "COL~N'TY", and 8 , a (municipal corporation/special district/not-for- 9 profit corporation), hereinafter referred to as "SUBGRANTEE.°' 10 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the 11 lead agency for the Orange County Operationat Area, has applied for, received and accepted a grant 12 from the State of California, acting through. its California Emergency Management Agency, to enhance 13 county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant 1 d documents that are attached hereto as Attachments A (FY 09 CA Supplement to Federal Program 15 Guidelines), B (2009 Homeland Security Grant Programs) and C (FY 09 Grant Assurances) and 1 G incorporated herein by reference. 17 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 1.8 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 19 purposes. 2U NOW, THEREFORE, IT LS MUTUALLY AGREED AS FOLLOWS: 21 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 22 specified in Attachment B hereto, which is incorporated herein by reference. I#' the grant requires 23 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 24 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 2S after acquisition by COUNTY as is reasonably practicable. 2~ 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 27 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or 28 to perform such other grant functions, if any, for which Attachments A, B and C permit S~JBGRANTEE CFL)A: y7 Otr' Horrteland Sccurih Errant Program [7cpartmem u(H<nrreland Security Pgose ~ Of 4 55A-5 iII I 1 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 shall make it available far mutual aid response. 6 SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs far said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SC,IBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 said equipment. 12 a. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and,~or sen~ices to include but not limited to upgrades, licenses and renewals of said equipment, 14 technologies and/or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall. notify C'C)UNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded 17 equipment only in accordance with the instructions of COUNTY. 18 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation famishing or supplying work. services, materials or supplies in connection with 22 SUBGRANTEE's use of grant-funded equipment, technology or services and StJBGRANTEE's 23 perforn~ance of this Agreement, including Attachments A, B and. C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation wlyo may be injured or damaged by 25 St?BGRAN'TEE in SUBGRANTEE's use of grant-funded equipment, technology or services and 26 SUBGRANTEE's performance of'this Agreement, including Attachments A, B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBCiRA.N'TEE shall notify COUNTY CFnA 97.06? Homeland Security Grant f'ro~,racn DeparUnent of Homeland Security Wage 2 of 4 55A-6 1 i?nmediately upon discovery that it has not abided or no longer will abide by any applicable provision of 2 Attachments A, B and C hereto. 3 9. SUBGRANTI'1F. and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. . 6 10. No alteration or variation of the terms of this Agreement shall be valid unless made in 7 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 8 agreement not incorporated herein shall be binding on an}' of the parties hereto. 9 1 1. SUBGRANTEE may not assign this Agreement in whole or in part without the express I 0 written consent of COUNTY. 11 12. For a period of three years after final payment hereunder or until all claims related to this 12 t'~greement are finally settled, whichever is later, SUBGRANTF.E shall preserve and maintain all 13 documents, papers and records relevant to the work performed or property or equipment acquired in l4 accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, 15 SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency 16 from which COUNTY received grant funds or their duly authorized representative(s), for examination, i 17 copying, or mechanical. reproduction on or off the premises of SUBGRANI"EE, upon request during 18 usual working hours. I'~ 13. SUBCiRANTEE shall provide to COUNTY all records and information requested by 20 COUN'T'Y for inclusion in quarterly reports and such other reports or record's as COUNTY may be 21 required to provide to the agency from which COUNTY received grant funds or other persons or 22 agencies. 23 14. COUN"T'Y may terminate ibis Agreement and be relieved of the payment of any 24 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 25 in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein 26 provided, or b) COUNTY loses funding under the grant. in the event of termination, CULINTY may 27 proceed «~ith the work in an}~ manner deemed proper by COUNTY. ~g CI=D.4: 97,p(r7 F [ontclarsd Security Grant Prergram f:kpxrtmcnt u(' itometand Security pag..e 3 Of 4 55A-7 1 15. St1BGRANTEE anal its agents and employees shad act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not. he considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement. in the County of Orange, ~ State of'California. 6 7 DATF..D: , 20, COUNTY OF ORANGE, a political subdivision ofthe State of California 8 9 By 1 d Sheriff-Coroner 11 "COUNTY" APPROVED AS TO FORM: 12 COU1tiTY COUNSEL, 13 14 By 'vicole .A. Sims, Deputy li 16 DATED: , 2U 17 1$ DATED: - SUBGRANTEE 19 Bv: 21 By. 23 .ATTEST': 2~ By 25 City Clerk. 26 DATED: , 20 27 ~g c~~r.>.:~ v~.oe~ Fiumeland Security Gr2mt Pr©gram I)epanment of FC~meia~~d Sccarity Page 4 of ~ 55A-8 REQUEST FOR ~ COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED RESOLUTION AUTHORIZING THE ? As Recommended SUBMITTAL OF PROPOSITION 84 URBAN ? As Amended ? Ordinance on 1 S` Reading GREENING FOR SUSTAINABLE ? ordinance on 2"d Reading COMMUNITIES GRANT APPLICATION FOR ? Implementing Resolution BIRCH PARK IMPROVEMENTS ? Set Public Hearing For CONTINUED TO ' ~ Eck ~ /r FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1) Adopt a resolution authorizing the submittal of Proposition 84 Urban Greening for Sustainable Communities Grant application in the amount of $350,000 for park improvements at the Birch Park Site. 2) Receive and file Categorical Exemption for Environmental Review No. 2010-62 (Birch Park). DISCUSSION On November 2006, California voters passed Proposition 84, a $5.4 billon "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act. The bond act will provide $70 million in grant funding for urban greening projects that reduce energy consumption, conserve water, improve air and water quality and provide community benefit. The $70 million is divided into three rounds of grant opportunities. The first round of applications is due on April 30, 2010. The shuffleboard club at Birch Park disbanded years ago and attempts to reorganize the use of the shuffleboard courts has not been successful. Current focus of the park districts and grants has been in the area of educating the public on water conservation, drought tolerant planting, gardening, fighting obesity, exercising etc. Changing the shuffleboard area into gardening opportunities and providing classes for the seniors creates an outdoor program at this center. Staff is requesting permission to apply for the Urban Green Grant to remove portions of the shuffleboard court to develop an outdoor gardening class area for the seniors. Meetings with the seniors will be held to finalize the conceptual plan for this program. A tentative plan was prepared in order to apply for the grant funding. 55B-1 Resolution -Proposition 84 Grant April 19, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2010-62 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~ ~ Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency 55B-2 JF 4/14/10 Resolution No. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) 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 Legislature and Governor of the State of California have provided funds for the program shown above; and, B. The Strategic Growth Council has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and, C. Said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicants governing before submission of said application(s) to the State; and D. The applicant, if selected, will enter into an agreement with the State of California to carry out the Project. Section 2. The City Council hereby approves the filing of an application for The Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for park improvements at the Birch Park Site. Section 3. The City Council hereby certifies: A. That applicant understands the assurances and certification in the application; and Resolution No. 2010-XXX Page 1 of 3 55B-3 B. That applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or secure the resources to do so, and C. That it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds, and D. If applicable, that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws, that prior to commencement of construction, all applicable permits will have been obtained, and E. That applicant will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1. and Section 3. Appoints the City Manager or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s) 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 , 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Resolution No. 2010-XXX Page2of3 55B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-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. 2010-XXX Page 3 of 3 55B-5 55B-6