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Home My WebLink About FULL PACKET_2010-06-21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 7, 2010 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem (5:20 p.m.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:30 p.m.) ABSENT: None 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) ¦ Michael Foote vs. City of Santa Ana, WCAB case numbers: ADJ716154; ADJ 1154485 • Burnham vs. City of Santa Ana OC Superior Court Case No. 30-2009-00117904 CITY COUNCIL MINUTES 1 JUNE 7, 2010 10A-1 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 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 RECESS to the Community Redevelopment Agency Closed Session Meeting at 5:56 p.m. ADJOURNED 6:24 P.M. CITY COUNCIL MINUTES 2 JUNE 7, 2010 10A-2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ABSENT: None STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council INVOCATION COUNCILMEMBER BUSTAMANTE PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS SPECIAL PRESENTATION provided by the Mary Bloom-Ramos, Chair, and Roman Reyna, Vice Chair of the Santa Ana Empowerment Zone Corporation on 10-Year Report EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Silvia Cuevas, Management Analyst, Parks, Recreation and Community Services 25 YEARS OF SERVICE Florlyn Palacol-Lubatti, Accountant II, Finance and Management Services 25 YEARS OF SERVICE Christina L. Spina, Senior Library Technician, Parks, Recreation and Community Services CITY COUNCIL MINUTES 3 JUNE 7, 2010 10A-3 30 YEARS OF SERVICE Suzette Caddell, Police Communications Manager, Police Department SPECIAL PRESENTATION -Retired Santa Ana Fire Chief Marc Martin expressed his gratitude to the City Council, community, and fire personnel PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to Richard Porras in recognition of AT&T's "Don't Text and Drive" campaign. PROCLAMATION presented by COUNCILMEMBERS BENAVIDES AND BUSTAMANTE to Craig Erion and Jeff Witten of Two Brothers Racing in recognition of their 25tH Anniversary. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Steve Strombeck, founder of the Performing Arts Guild of Orange County, for providing free music and dance lessons to Santa Ana youth. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana High School student Lizette Tenorio for winning second place at the Girl's High School Folk-Style Wrestling Nationals. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Jareth Carbajal, Jose Gomez, Stephanie Valenzuela, Adrian Hernandez, Kayla Stephens and Aaron Raya for winning first place at the Intermediate Intramural Track Meet. AGENDA ITEMS TAKEN OUT OF ORDER 75B PUBLIC HEARING -RESOLUTION REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE OF THE CITY -Public Works Agency Legal Notice published in the O.C. Reporter on May 21, 2010 and May 28, 2010. Council discussion ensued. Staff asked to return to council if emergency arises (either safety or infrastructure). MOTION; Table matter indefinitely and direct staff to amend Fiscal Year Budget 2010-11 as necessary. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, CITY COUNCIL MINUTES 4 JUNE 7, 2010 10A-4 Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CLOSED SESSION REPORT -City Attorney Fletcher provided a report. Refer to Consent Calendar Item 19A. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25D with the following modifications: • Pulled Item 25F, at the request of staff; • Pulled Items 22B and 25E for public speaker and separate discussion; • Mayor Pro Tem Alvarez voted "no" on Item 19C; and • Councilmember Sarmiento abstained on Item 10A. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show he actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MAY 17, 2010 -Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 JUNE 7, 2010 10A-5 Councilmember Sarmiento abstained on Item 10A. BOARDS /COMMISSIONS /COMMITTEES 13A APPOINTMENT - ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) -Clerk of the Council Office MOTION: Appoint Carla Elisa Kimberly "Kim" Olson (Ward 1 resident) to the Environmental and Transportation Advisory Committee nominated by Councilmember Sarmiento as the Ward 1 representative for a term expiring December 11, 2012. (replacing F. Rivera) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -City Attorney's Office MOTION: Find that there was a need to take immediate action on Item 2B (See Community Redevelopment Minutes page 2) and that the need arose subsequent to the posting of the Closed Session Agenda. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b)(1). Potential challenges to the Transit Zoning Code EIR by Friends of Lacy Historic Neighborhood and Citizens for Responsible Equitable Environmental Development. MOTION: Approve stipulation agreement with Michael Foote, WCAB case numbers: ADJ716154; ADJ1154485 in the amount of $141,565 19B EXCUSED ABSENCES -None 19C DESTRUCTION OF OBSOLETE CITY RECORDS -City Manager's Office - 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. 19D ADEQUATE SITES PROGRAM REPORT WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT - 703 N. LACY -Community Development Agency CITY COUNCIL MINUTES 6 JUNE 7, 2010 10A-6 MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 22C) 22A SPEC. NO. 10-020 AND 10-021 - CISCO MAINTENANCE, EQUIPMENT & LICENSING -Finance & Management Services MOTION: 1. Award a contract to Intelli-Fax Inc. for the purchase of Cisco SMARTNet maintenance in an amount not exceed $26,000. 2. Award a contract to EnPointe Technologies for the purchase of a core router, switching equipment and edge routers in an amount not to exceed $183,000. 22B SPEC. NO. 10-012 - LADQER IMPROVEMENTS AT MARINE PUMP STATkON George Garcia commented on this item. MOTION: Award a contract to R.B. Welding, Inc. for an amount not to exceed $53,000 (Public Works Agency) - Finance & Management Services MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 22C SPEC. N0.09-010 - ON-CALL SANITARY SEWER LINING SERVICES - Renew the contract with RePipe-California, Inc. for aone-year period in an CITY COUNCIL MINUTES 7 JUNE 7, 2010 10A-7 amount not to exceed $500,000 (Public Works Agency) - Finance & Management Services 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. 2010-088 -COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING, AND VACCINATIONS -Execute an amendment with Tustin-Irvine Medical Group in an amount not to exceed $70,000 -Fire Department and Personnel Services Agency 25B AGMT NO. 2010-089 -TELEPHONE SYSTEM MAINTENANCE -Execute an amendment with NEC Unified Solutions, Inc. to exercise an option for the second one-year extension to the existing agreement for an amount not to exceed $220,000 per year -Finance & Management Services 25C AGMT NO. 2010-090 - DOWNTOWN OFFICE LEASE EXTENSION - Execute an amendment with Fiesta Marketplace Partners #1 -Community Development Agency 25D FUNDING ALLOCATIONS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2010-2011 -Community Development Agency MOTION: 1. AGMT NO. 2010-091 -Cooperative agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $600,000 for aone-year term for the ongoing administration of the Tenant-Based Rental Assistance Program 2. AGMT NO. 2010-092 -Cooperative agreement with the County of Orange Health Care Agency in the amount of $821,133 for aone-year term to provide supportive housing services to HIV/AIDS individuals in the County of Orange CITY COUNCIL MINUTES 8 JUNE 7, 2010 10A-8 25F REQUEST FOR QUALIFICATIONS FOR APPROVAL OF QUALIFlE ENVIRONMENTAL CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES -.Planning and Building Agency MOTION: Pulled item, at the request of staff. AGENDA ITEMS TAKEN OUT OF ORDER COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:45 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:46 P.M. COUNCIL RECONVENED AT 7:46 P.M. WITH ALL MEMBERS PRESENT 25E REDLIGHT PHOTO ENFORCEMENT SYSTEM -Execute .an amendment with Redflex Traffic Systems, Inc., -Police Department George Garcia commented on this item. Council discussion ensued; requested staff review communication received on the item. MOTION: Continue consideration of matter to June 21, 2010. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A APPROPRIATION ADJUSTMENT ACCEPTING FY 2009 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM - Police Department CITY COUNCIL MINUTES 9 JUNE 7, 2010 10A-9 MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010-020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND/OR THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE FY2009 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010-153 -Recognizing the FY 2009 Interoperable Emergency Communications Grant Program in the amount of $2,200,786 in revenue account and appropriate same in the FY 2009 Interoperable Emergency Communications Grant Program expenditure accounts MOTION: Benavides SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-01 AND 2008-02 AND VARIANCE NO. 2008-02 TO ALLOW THE OCCUPANCY OF A VACANT BUILDING - 1005 SOUTH HARBOR BLVD. - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010-021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-01 AS CONDITIONED, CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED, AND VARIANCE NO. 2008-02 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD MOTION: Bustamante SECOND: Benavides CITY COUNCIL MINUTES 10 JUNE 7, 2010 ~ 10A-10 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A PUBLIC HEARING - FISCAL YEAR 2010-2011 - PROPOSED CITY BUDGET -Finance & Management Services Public hearing to consider the City's Fiscal Year 2010-2011 Budget and related matters. Legal Notice published in O.C. Register on May 28, 2010 and June 4, 2010. Staff report presentation by Francisco Gutierrez, Executive Director of Finance and Management Services Budget Overview Economic Overview • Economy showing mixed signs of a recovery • Sales tax has fallen over 27% since it's high in FY2006-07 • Median home prices down 40% • Property Tax still declining • Commercial Real Estate in Crisis State Budget Impacts • State has an estimated $19.1 billion deficit • Raid of $2.05 billion in local Redevelopment funds -City of Santa Ana portion: •$17.8M in May 2010 •$3.7M in May 2011 • Transportation Revenues -Prop. 42 and Gas Tax Swap -9 Month Gas Tax Deferral CITY COUNCIL MINUTES 11 JUNE 7, 2010 10A 11 Government Funds Revenue Source Coerrrmily Daslope~ad Ollror=12.274.180 (27%) Spacial itsvauss Funds 121.281.386 (4-8%) ~ proj.cfs.cw„ 1s a 16sc. 128.679,419 (6.4%) General Fund Olhcr6Yerprse Funds pndudes Traraiars) 135,022,025 p.9%) . 1197.124.496 (44%) Flovsinp/rsiatance 137,687,506 (8.4%) y}' ~ VMa1er EMaprise 151,695,584 (11.5%) _ _ . Reddrdopeigd Tam 164.041.920 (14-3%) Government Funds Appropriations CDBG 8 Other Grads GF Rdalsd Special Bewares SPscial Re~nrwe 112,274.180..(26x) St,584,097 (0.3%) 125,669,058 (5.4%) HovrinYAssietance 138.744.505 (8.2%) Genaal Fund (Indudas Transfers) OfharEaYrprise Funds 1197,124,496 (41.6%) 139.230,850 (8-3%) . ~~1~ cr: 142.991.809 (9.1%) 784.674 (116'%) ~~Y 161,878.445 (13%) _ CITY COUNCIL MINUTES 12 JUNE 7, 2010 10A-12 7-Year General Fund Budget Trend z6o ~ ~'d43.1Y S~.ZY ?20 l~217.8Y xd07Y 200 s'1Y7.111 180 160 140 120 100 Fra-as Fros-0s Fro6-o~ Fro7.aa ~osae Eras-1o Fr1411~ General Fund Major Revenue Trend Sales Tax Property Tax Utility Users Tax Property Tax in Lieu VLF so ~ u-9 ra.s 40 ~e.o ass w ~ ~ 3za ~z.e aas rra zza 76.1 n.7 ?SS 764 7BA 76.6 Z5 75.1 20 15 10 _ FY06-07 FY07-06 FyOg~g _ ,A~d FYO®-10• FY 1411" COUNCIL RECESSED AT 7:55 P.M. AND RECONVENED AT 8:08 P.M. WITH SAME MEMBERS PRESENT CITY COUNCIL MINUTES 13 JUNE 7, 2010 10A-13 General Fund 11 Revenue Sources told Yritas' Tax Fwnr~e Fsos TwnsiMS h 15,276,849 (27%> 12,70o,sn (tax) 57.33~.~az (3-~%) . sataa Tax - i3~7T9,107 (tss%) _ ~ ~ s~toaa s Fas 19,071.978 (4.6%) t3Winas Tax 510,030,000 (5.1%) ~iorres, Panaits 3 Ftnas =10.496.`.163 (5.3%) y,: Property Tax 112,764,964 (&5%) ~ ~ ~ ~ k t ~ ~ t Cghartisvewe d Talus , , 513,315,438 (6.8%) ~ 'Y'1 ~ n; y ^ sky ~ Ter: ' } 126.557.439(13.5%) t~ofrao~eyaProp.ny 514.880,642 (7.5%) Propariy Tax 6?~Liw VLF j25,107,164 (127%) Public Safety as a Percentage of Total General Fund Budget ~ Nan-PublicSafdy ¦ PublicSafely 250 i243.1M 5213.4M 5217.8M 200 5197.1M c 150 O 100 50 0 Eroso7 Fro7~e Fros-oe ~voslo F`r~a~1» Na6e: PD FadldyDebt Services islrrJuded in Nan-Public Safely „P~ CITY COUNCIL MINUTES 14 JUNE 7, 2010 10A-14 General Fund 11 Appropriations Public UVorksAgency $4,674,0 (2.4°k) Planning & Building $8,323,215 (4.2°~) Finance & Mgmf. Services Clerk of the Council $616,645 (0 3%} $3,972,655 (2.0%) Personnel $1,418,680 (0.7 % j Parks & Recreation $16,216,000 (8.2°h) Bowers NLseum $1,517,510 (0.8%J City l4lanager$1,625,930(0.8%) All Ofhers Chy Attorney $1,960,515 (1 0%) `f° $22,569,420 ' (11.5%) Police $96,264,010 48.8°>fi Transfers out ( ) $2,238,910 (12%) Fire $45,105,195 2.9°h) Non-Departmedal' 813,191,230 (6.7%) "Includes $9,094,075 Police Building Debt Service Proposed Workforce Changes for FY 2010-11 - Number of full-time Employees 2000 1500 1000 500 aa. w- so- a,- am- .s. s~ 9s s~ ,n oo- o,- aQ.. o~ o~ a~ of a~- aa- as ,a ~ w +ao ~ +ia >as as 9s sas >n as saa ao w as os oa as a w oa oa ,to ,I,I Proposed Workforce Changes • Changes in full-time workforce count: o Eliminate 123 full-time positions, many already vacant o Includes approximately 20 previously unfunded positions • Reallocations o Include approximately 15 position reallocations which allows for: o Restructuring of the Recreation Division into 6 districts CITY COUNCIL MINUTES 15 JUNE 7, 2010 10A-15 o Reorganization of the PWA Transportation Division o Reclassification of positions to actual work role and function Miscellaneous Fees and Fee Adjustments • New and Modified Fees • Recommending No CPI adjustment • 12 new fees: • Administrative and Digital Services • Reservation and Rental • Citation and HazMat • Modifications to 10 fees: • Administrative Citation • Recreation and Rental • Notice of Abatement • Newsbox FY 2010-11 Capital Improvement Program • Neighborhood Improvements $12,231,167 • Arteriallmprovements $25,881,582 • Traffic Improvements $2,179,845 • Infrastructure Improvements $8,400,000 • City Facility Improvements $2,676,630 • Park Improvements $1,840,215 • TOTAL FY 10/11 CIP: $53,209,439 • TOTAL 7-YEAR CIP: $274,474,976 Budget Strategies • Maintain hiring freeze and other expenditure reduction measures • Continue to work with all employee groups to negotiate short-term and long-term systemic cost-saving concessions Public Hearing opened at 8:13 p.m. The following speakers spoke in opposition to proposed budget: Jesus David Rodriguez, George Garcia, and Cecilia Flores. The Hearing closed at 8:18 p.m. Council discussion ensued. Council urged all employee unions to negotiate in good faith in light of the economic situation of the City and State. Council requested staff to review adult soccer fees and perhaps modify the fee schedule. MOTION: 1. Place ordinance on first reading and authorize publication. ORDINANCE NO. NS-2805 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE CITY COUNCIL MINUTES 16 JUNE 7, 2010 10A-16 SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 2. Adopt a resolution. RESOLUTION NO. 2010-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110 AND 91-066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS 3. Adopt a resolution. RESOLUTION NO. 2010-023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2010- 2011 AND REPEALING IN PART RESOLUTION NO. 2009-030 MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:32 P.M. Mayor Pulido excused himself due to proximity of business; Mayor Pro Tem Alvarez excused herself due to a campaign contribution; and Councilmember Sarmiento excused himself due to his legal representation of some residents in the immediate area -all left the dais at 8:33 p.m. and did not participate in consideration of these items. MOTION: Appoint Councilmember Bustamante to Chair the meeting (pursuant to SAMC 2-101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4) NOES: None (0) CITY COUNCIL MINUTES 17 JUNE 7, 2010 10A-17 ABSTAIN: None (0) ABSENT: Alvarez, Pulido, Sarmiento (3) AGENDA ITEM TAKEN OUT OF ORDER CITY COUNCIL MEETING RECONVENED AT 8:33 P.M. TO CONSIDER PUBLIC COMMENTS • Lisann Martinez -spoke on Go Local project; City to consider open park space in this and any new development; suggested pedestrian bridge over the river since additional traffic lane is planned. • Roy Alvarado -concerned with budget reductions and impacts on public safety; also commended on hazmat issues in the Santa Anita neighborhood. • Hershall Myatt-Chisum -representing Integrity House, requested assistance in solving a blind turn on Broadway Avenue, suggested curb cut in front of their building to solve the problem. • Alex Vega -commented on recent immigration rally that took place in front of the Federal building; complemented police department on efforts to maintain peaceful event. • Robert Flournoy -requested assistance in growing his ministry "Obras de Amor". • Albert Castillo -opined on recent grand jury report, City's Code of Ethics and Conduct, AB1234, and Brown Act. • George Garcia -proposed City sell some. assets to assist with budget problem, tax plastic bags, and raise anti-graffiti reward from $500 to $1,000. • Dave Hoen -thanked council for proclaiming "Harvey Milk Day" and commented on recent LGBT Day celebration held in downtown Santa Ana. • John Raya -TKO moving back to Jerome Center, who will be having re-opening ceremony next week; reported that young fighter Luis Ramos will have HBO interview through Telefutura; and holding fundraiser on June 27t" at Original Mike's. • Ruben Alvarez -concerned that public comments were taken out of order and discontent with some actions by the City. COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING AT 9:05 P.M. JOINT SESSION WITH THE COMMUNITY REDEVELOPMENT AGENCY 80A JOINT PUBLIC HEARING -FINAL ENVIRONMENTAL IMPACT REPOT NO. 2006-02; GENERAL PLAN AMENDMENT 2010-01; ZONING ORDINANCE AMENDMENT NO. 2010-01; AMENDMENT APPLICATION NO. 2005-09 (TRANSIT ZONING CODE); DISPOSITION AND DEVELOPMENT AGREEMENT WITH SANTA ANA STATION DISTRICT, LLC AND VARIOUS ACTIONS FOR PROPOSED DEVELOPMENT IN THE STATION DISTRICT CITY COUNCIL MINUTES 18 JUNE 7, 2010 10A-18 Legal notice pertaining to the Transit Zoning Code published in the O.C. Reporter on May 28, 2010. Recommended actions approved by the Planning Commission on May 27, 2010, by a vote of 5-0. (Commissioner Betancourt abstained and Commissioner Yrarrazaval absent) Legal notice pertaining to the Santa Ana Station District, LLC published in the O.C. Reporter on May 24, 2010 and June 2, 2010. Staff report presentation by Karen Haluza, Planning Manager, and Cindy Nelson, Assistant City Manager for Development Services Transit Zoning Code and Development Proposal for Redevelopment Agency Properties • Transit Zoning Code - Walk-able neighborhoods - Flexible mix of uses - Standards for quality architecture - Affordable housing incentives • Transit Zoning Code Project Objectives - Provide a transit-supportive, pedestrian-oriented development framework to support the addition of new transit infrastructure - Preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards. - Encourage alternative modes of transportation, including the rail system that connects San Diego to Los Angeles. - Provide zoning for the integration of new infill development into existing neighborhoods. - Provide for a range of housing options, including affordable housing. - Allow for the reuse of existing structures. - Allow development of the Agency properties • Development Proposal Objectives - Redevelop all of the Agency-owned properties - Provide new affordable housing for families in furtherance of the City's affordable housing goals established in the Housing Element, the Implementation Plan for the Santa Ana Merged Redevelopment Project Area, and the City of Santa Ana Consolidated Plan. - Enhance the streetscape and urban form of the area, particularly along Santa Ana Boulevard, with the construction of new buildings that meet the standards contained in the Transit Zoning Code and that support future transit planning. - Eliminate blight. - Provide additional public open space and facilitate a joint use arrangement with SAUSD for a new community Center. CITY COUNCIL MINUTES 19 JUNE 7, 2010 10A-19 - Provide an economically viable redevelopment scenario for the Agency-owned properties. • Environmental Impact Report - Draft EIR Released for public review on February 2, 2010. - Alternatives Section revised to analyze three additional alternatives in response to a comment. - Alternatives Section re-circulated and public review period extended to April 12, 2010. - Public comment meetings held on February 22 and March 22, 2010. - Total of 16 comment letters and 14 transcribed oral comments. - Final EIR - Response to Comments - Mitigation Monitoring and Reporting Program - Findings of Fact - Statement of Overriding Considerations • EIR Alternatives Analysis - Alternative 1 - No Project/No Development - Alternative 2 -Overall Reduced Density - Alternative 3 -Low-Rise Project - Alternative 4 -Rehabilitate in Place/Acquire No Additional Properties - Alternative 5 -Relocate and Rehabilitate on Agency-Owned Infill Sites - Alternative 6 -Rehabilitate 611 N. Minter Street In Place • Statement of Overriding Considerations - A written statement explaining why the benefits of the project outweigh the identified environmental impacts • Project Benefits - Positions the City to provide new public transit - Allows for the development of new affordable rental housing - Complies with State mandates to address climate change and housing production - Improves the regional jobs/housing balance - Creates more walk-able and connected neighborhoods - Eliminates blight - Provides new incentives for economic investment - Provides more flexibility for private property owners • Planning Commission Action - Planning Commission recommended approval of the various components of the project. - Clarification on comment regarding potential demolitions. Station District Project Overview • Project Goals - Create a land use/economic strategy for the area in and surrounding the SARTC to complement City's transit vision - Develop a mix of housing types at various levels of affordability - Set the standards for the quality of future development in the area CITY COUNCIL MINUTES 20 JUNE 7, 2010 10A-20 - Address the needs of the Lacy Neighborhood • The Journey - Issued RFQ in April 2009 - Selected Related Companies/Griffin Realty in August 2009 - Highly qualified team with wide range of experience: • Affordable housing to luxury high rise housing • Retail, commercial and office • Public facilities • Community engagement - Began community input process before first concept plan created - Key issues raised by community: • Park/open space • Affordable housing • Child care • Garfield School condition & capacity • Safety and Livability • Cultural history • Family services and programs, including jobs - Concept Plan presented to community, which included: • Mix of for sale and for rent products at various income levels • Community Center at Garfield (in conjunction with school renovation) • 1.5 acre park/open space uses - SACRed Key Issues: • Safety • Housing • Open Space • Small Business Assistance • Cultural and Historical Preservation - Commitments to Lacy Neighborhood: • Provision for child care space in R-1 community room • Public art • Reduced rent for business operator in R-1 commercial space • Historical markers - $60,000 • Targeted loan program in Lacy - $100,000 • Joint Use Agreement w/SAUSD for Garfield • 10,000 SF Community Center at Garfield Elementary • Commitment to pursue development of approx. 1.5 acre park open space uses • Relocation plan for potential displaced residents • Inclusionary Housing Ordinance to Council w/in 120 days for overlay zone • The Project - R-1 74 rental units - R-2 38 rental units - 100% affordable (50%AMI w/20% at 30%AMI); 55 year covenants - F-S 32 for sale units - 6 units affordable at 120% AMI CITY COUNCIL MINUTES 21 JUNE 7, 2010 10A-21 • Elevations for R-1, R-2 and For Sale depicted • Project Schedule - R-1 Commence 3/11 - R-2 Apply for Spring 2011 tax credits - F-S Commence early 2011 Public hearing opened at 9:40 p.m. The following speakers addressed the Council: • Ross Romero -representing LULAC 3097; object to passage of plan and Transit Zoning Code; concerned with inadequate response to air quality, toxic and hazardous waste, traffic, and open space. • Simon Deter -questioned new zoning changes as it relates to height district, no designation for HD2; inquired on inclusionary housing ordinance. • Joe Dixon -Assistant Superintendent of Facilities at SAUSD, supports Council's vision for increasing green space at Garfield Elementary; joint use community center of great benefit for all. • Larry Haynes -Executive Director of Mercy House, supports improved living conditions for the poor. • Barry Cottle -supports council actions proposed. • Bob Stewart -representing Empire Inc., supports project and impressed with growth and improvements throughout the City. • Vicky Baxter -read for the record letter of support by the Downtown Inc. Board of Directors. • Lisann Martinez - opined that development should employee city residents; Council to sign the Community Benefits Agreement (CBA). • Carmen Garcia -area in need of improvements; request council support to solve issues. • Antonio Bugarin -concerned with welfare of family as City proposing park in area where he lives; request Council sign CBA that guarantees affordable housing, preservation of cultural identity, history, affordable housing, park and open space, protection of small businesses and employees, and safety for community. • Maria Andrade -urged community to work together; requested Council postpone decision. • Ramon Guzman -requested council postpone decision; would like assurance that park and community center will be developed. • Paola Salgado -requested council postpone decision and sign CBA; support project with certain community guarantees; questioned agenda order and late consideration of matter. • Claudia Brena -encouraged council to postpone decisions and sign CBA. • Eunice Bobery -representing Orange Housing Corporation, Transit Zoning Code to provide long term benefits to the community, encouraged to find that open space, community facility, and affordable housing incorporated into Plan. CITY COUNCIL MINUTES 22 JUNE 7, 2010 10A-22 • Eric Altman - Executive Director of Orange County Communities Organized for Responsible Development, discussed benefits of CBA, encouraged council to continue negotiations with community. • Ramona Rivera - 50 year resident would like to know impacts of plan on neighborhood. • Jeff Dickman -resident of French Park neighborhood and member of Friends of Historic Lacy Neighborhood; opined that Plan fails to address renovation of vintage homes; Council to reject EIR and ask staff to include comprehensive process for evaluation of properties to be included in Historic Registry; rehabilitate homes instead of demolish; homes to be available to SACReD residents. • Phil Chinn -commented on EIR findings -less expensive to renovate than reconstruct homes; historical building guide to be considered; reduction in the number of overall homes in the area; preservation of homes may be done by outside organizations; thanked council for investments made to Westend Theater and Spurgeon building; support SACReD and its residents. • Ben Grabiel -support zoning changes, but in opposition to demolition and acquisition of additional properties; cost analysis report distributed to council. MEETING RECESSED AT 10:25 P.M. AND RECONVENED AT 10:45 P.M. WITH SAME MEMBERS PRESENT Jay Trevino, Executive Director of Planning and Building, clarified that proposed overlay zone ordinance carry over all current zoning and land use standards, including height the district; council considering transit zoning ordinance, not specific plan. William Boost, project manager and consultant with PBS&J Inc. apologized for error pointed out by LULAC -page 10-43 of Final EIR will be corrected; page 9-19 present toxic and hazardous waste findings; Traffic Study on page 9-77 has corrected information on appendices; provisions of parks on page 9-32, all projects will conform with Mitigation Measure MM4.10-5, Chapter 35, Article 4 of Santa Ana Municipal Code. Karen Haluza, Planning Manager, indicated that concerns raised by Jeff Dickman have been incorporated into the Response to Comments received from Brandt-Hawley Law Group in the Supplemental Addendum. Kathleen Haden, Managing Principal at Keyser Marston responded to questions on affordable housing as posed by letter from Susan Brandt- Hawley received today and by members of the public -total cost per square foot, per unit basis was incorporated in the EIR ;rehab cost /relocation cost; EIR Appendix J; summary of sale results. The hearing closed at 11:15 p.m. CITY COUNCIL MINUTES 23 JUNE 7, 2010 10A-23 Council discussion ensued. Unanimous support of project and improved living conditions said development will provide. MOTION: Amendments to the Final EIR No. 2006-02, General Plan Amendment No. 2010-01, and Amendment Application No. 2005-09 (Transit Zoning Code) included in Supplemental Staff Report: • Amendments to the General Plan Land Use Element as to Flood Control • Amendment to the Transit Zoning Code Street Network Concepts as to bus/transit stops • Supplemental Response to Comments • Amendment to the Findings of Fact • Additions to the Mitigation Monitoring and Reporting Program 1. Adopt a resolution as amended by.: Supplemental Staff Report; Section 2.B. of resolution regarding Water Supply Assessment Study making findings that it be revised as follows: the City Council adopt the Water Supply Assessment dated January, 2010 contained in Appendix H of EIR as well as Findings of Facts and Statements of Overriding Considerations. RESOLUTION NO. 2010-024 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 2006-02 PREPARED FOR THE PROPOSED TRANSIT ZONING CODE (SD NO. 84) AND THE PROPOSED REDEVELOPMENT OF PROPERTIES OWNED BY THE SANTA ANA REDEVELOPMENT AGENCY IN THE STATION DISTRICT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING CEQA FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS 2. Adopt a resolution as amended by Supplemental Staff Report. RESOLUTION NO. 2010-025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA ANA TO CREATE THE URBAN NEIGHBORHOOD LAND USE DESIGNATION; CREATE THE TRANSIT VILLAGE MAJOR DEVELOPMENT AREA; EXPAND THE DOWNTOWN DISTRICT CENTER; ELIMINATE THE RESIDENTIAUINDUSTRIAL LAND USE DESIGNATION; UPDATE THE DEMOGRAPHICS; AND CONVERT THE GENERAL PLAN TO A DIGITAL FORMAT WITH A COMMON ' TABLE OF CONTENTS AND PAGINATION SYSTEM (GPA NO. 2010- 01) 3. Place ordinance on first reading and authorize publication. CITY COUNCIL MINUTES 24 JUNE 7, 2010 10A-24 ORDINANCE NO. NS-2803 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING TIME LIMITS FOR SPECIFIC DEVELOPMENT PLAN, MODIFICATION OF THE APPROVAL OF OVERLAY ZONE SITE PLANS, NONCONFORMING USE, AND REPEALING THE C3 AND C3-A ZONES (ZOA 2010-01) 4. Place ordinance on first reading and authorize publication. ORDINANCE NO. NS-2804 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT (SD-84); ADOPTING THE M1 OVERLAY ZONE; ADOPTING THE M2 OVERLAY ZONE; REZONING THE PROPERTY LOCATED AT CERTAIN REAL PROPERTY IN THE CENTRAL URBAN CORE OF SANTA ANA FROM VARIOUS ZONES TO TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT (SD-84), M1 OVERLAY ZONE AND M2 OVERLAY ZONE; AND REPEALING SPECIFIC DEVELOPMENT NOS. 30, 37, 47, 71 AND AMENDING THE HEIGHT EXEMPTION AREAS MAP (AA NO. 2005-09) 5. Adopt a resolution as amended by Supplemental Staff Report. RESOLUTION NO. 2010-026 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TRANSIT ZONING CODE ARCHITECTURAL STYLE GUIDELINES AND TRANSIT ZONING CODE STREET NETWORK CONCEPTS 6. Adopt a resolution. RESOLUTION NO. 2010-027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND SANTA ANA STATION DISTRICT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND MAKING FINDINGS IN CONNECTION THEREWITH 7. Direct staff to draft an inclusionary housing ordinance for City Council consideration within the next 120 days, covering the industrial overlay areas identified in the proposed Transit Zoning Code. 8. Direct staff to negotiate a Joint Use Agreement with the Santa Ana Unified School District for Garfield Elementary, including a provision for the development and programming of a community center. CITY COUNCIL MINUTES 25 JUNE 7, 2010 10A-25 9. AGMT NO. 2010-093 -Authorize the City Attorney to prepare and City Manager and Clerk of the Council to execute a $25,000 reimbursement agreement with the Santa Ana Unified School District for purposes of engaging an architect to develop conceptual plans in furtherance of developing the project scope for a community center to be located at Garfield Elementary. 10. Direct staff to work with community members/stakeholders to facilitate development of an approximate 1.5 acre park/open space uses in the Station District. 11. Approve the expenditure of funds for a residential loan program in the Lacy Neighborhood with cumulative not to exceed the amount of $100,000 (see Agency item 6). 12. Direct staff to prepare and file a Notice of Determination (NOD) with the County Clerk of the County of Orange in the manner required by law. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Pulido, Sarmiento (3) COUNCIL MEETING RECONVENED AT 11:15 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Bustamante • Adjourn meeting in memory of retired City of Santa Ana employee Carolyn Fullerton. ADJOURNED 11:17 P.M. -The next meeting of the City Council is scheduled for Monday, June 21, 2010 at 5:00 p.m. for the Closed Session Meeting CITY COUNCIL MINUTES 26 JUNE 7, 2010 10A-26 immediately followed by the Regular Business Meeting at the Police Community Center, 60 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Carolyn Fullerton Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 27 JUNE 7, 2010 10A-27 10A-28 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 11, 2010 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:43 P.M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (Convened remotely at 5:51 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 The Special Meeting of the City Council was also teleconferenced pursuant to Government Code Section 54953(b) with Councilmember Sal Tinajero from the location of 201 E. Chapman Avenue, Fullerton, CA 92832. The teleconference was accessible to the public for the Public Comments portion of the meeting, pursuant to Government Code Section 54953.3. CLOSED SESSION CALENDAR 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) Santa Ana Firemen's Benevolent Association SPECIAL MEETING MINUTES 1 JUNE 11, 2010 10B-1 Councilmember Tinajero left the meeting via teleconference at 6:10 p.m. ADJOURNED 7:02 P.M. Maria D. Huizar, Clerk of the Council SPECIAL MEETING MINUTES 2 JUNE 11, 2010 10B-2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 15, 2010 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, ROOM 831 SANTA ANA, CA 4:50 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (5:00 P.M.) CARLOS BUSTAMANTE (4:57 P.M.) MICHELE MARTINEZ VINCENT F. SARMIENTO ABSENT: SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None CLOSED SESSION CALENDAR 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 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 SPECIAL MEETING MINUTES 1 JUNE 15, 2010 10C-1 Santa Ana Fire Management Association Confidential Association of Santa Ana ADJOURNED 5:15 P.M. Maria D. Huizar, Clerk of the Council SPECIAL MEETING MINUTES 2 JUNE 15, 2010 10C-2 Iss05/10/10 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2010, together with his budget letter dated May 28, 2010. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2010, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2010- 2011," acopy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2010-2011, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 10-11." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City 11 A-1 for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2010. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative 11 A-2 organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-3 11 A-4 ORDINANCE NO. NS-2803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING TIME LIMITS FOR SPECIFIC DEVELOPMENT PLAN, MODIFICATION OF THE APPROVAL OF OVERLAY ZONE SITE PLANS, NONCONFORMING USE, AND REPEALING THE C3 AND C3-A ZONES (ZOA 2010-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The changes to the zoning code are to facilitate the creation of the Specific Development No. 84, The Transit Zoning Code. The changes include the repeal the C3 and C3-A zones, and changes to the time limits for specific development plans, modification of the approval process for overlay zone site plans, and a nonconforming code clean up. B. On May 27, 2010, the Planning Commission held a duly noticed public hearing, and by a vote of 5:0 (Betancourt abstained, Yrarrazaval absent) voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2006-02 prepared for the proposed Transit Zoning Code (SD 84A and 84B) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District (collectively, the Proposed Project); adopting the Mitigation Monitoring and Reporting Program, adopting the CEQA Facts, Findings and a Statement of Overriding Considerations; and approving the Proposed Project. 2. Adopt a resolution approving General Plan Amendment No. 2010- 01. 3. Adopt an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2010-01). 4. Adopt an ordinance approving the creation of Specific Development No. 84, approving the rezoning of properties from various zones to Specific Development No. 84, repealing Specific Development No. 30, 37, 47 and 71, and amending the height exemption areas map (AA No. 2005-09). Ordinance No. NS-2803 Page 1 of 16 11 B-1 5. Adopt a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. C. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Transit Zoning Code Specific Development District (SD-84) on June 7, 2010, and at that time considered all testimony, written and oral. D. At the duly noticed public held on June 7, 2010, the City Council, by resolution, certified the Final Environmental Impact Report (Final EIR) No. 2006-02 prepared for the proposed Transit Zoning Code (SD 84A and 84B) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District; was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; adopted the CEQA Findings of Fact and Statement of Overriding Considerations; and adopted the Mitigation Monitoring and Reporting Program. At the June 7, 2010 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2010-01; an ordinance approving the creation of Specific Development No. 84, the rezoning of properties from various zones to Specific Development No. 84, repealing Specific Development No. 30, 37, 47 and 71, and amending the height exemption areas map (AA No. 2005-09); and a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. This ordinance incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this ordinance and the findings made herein. Section 2. Section 41-12 is hereby amended to read as follows: Sec. 41-12. Accessory structure or building. An accessory structure or building is a detached building or structure, part of building or structure that is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building. Ordinance No. NS-2803 Page 2 of 16 11 B-2 Section 3. Section 41-184 is hereby amended to read as follows: Sec. 41-184. Districts established. In order to carry out the purpose and provisions of this chapter, the city is divided into the following districts: Al General agricultural RE Residential-estate R1 Single-family residence R2 Limited multiple-family residence R3 Medium-density multiple-family residence R4 Suburban apartment P Professional GC Government center C1 Community commercial C1-MD-Community commercial/Museum District C2 General commercial C4 Planned shopping center C5 Arterial commercial CR --Commercial residential M1 Light industrial M2 Heavy industrial C-SM South Main Street commercial district O Open space TV Transit Village DT Downtown UC Urban Center CDR Corridor UN-2 Urban Neighborhood 2 UN-1 Urban Neighborhood 1 SP Specific plan SD Specific development Ordinance No. NS-2803 Page 3 of 16 11 B-3 MO Military operations OZ --Overlay zone Section 4. Section 41-195.5 is hereby amended to read as follows: Sec. 41-195.5. Temporary outdoor activities. Notwithstanding any other provision of this chapter, the following activities may be conducted in any C1, C1-MD, C2, C4, C5, M1, M2, CSM, GC, P, SD with commercial use, or SP with commercial use district and are not required to be carried on within an enclosed building, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a land use certificate is first obtained in accordance with sections 41-675 through 41-677: (a) Bazaars, fiestas and fund-raising events, provided the activities do not occur on the same lot more frequently than six (6) days in any one- year period, do not continue on the same lot for more than three (3) successive days, do not begin earlier than 10:00 a.m. and do not continue past 10:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday. Provided, however, activities in the SD65 district and museum and science center activities in the C1-MD district, may not occur more frequently than one (1) time per month, do not continue on the same lot for more than three (3) successive days and are not held more than twelve (12) times per year. (b) Rummage sales, promotional events, sidewalk or parking lot sales, and temporary sales booths, provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period and do not continue on the same lot for more than two (2) successive days. (c) Mobile library, medical and veterinary units, provided activities are not conducted on the same lot for more than six (6) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (d) Outdoor auctions, provided that activities are not conducted on the same lot more frequently than four (4) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (e) Seasonal activities for uses such as, but not limited to, fireworks stands, pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up more than thirty (30) days prior to Halloween and are removed within one (1) day after Halloween, Christmas tree lots do not set up more than thirty (30) days prior to Christmas and are removed within one (1) day after Christmas and fireworks stands are in compliance with Chapter 14, Article II of this Code. Ordinance No. NS-2803 Page 4 of 16 11 B-4 (f) Carnivals, circuses, radio or d.j. remotes and outdoor music concerts, provided the following conditions are met: (1) The activity is not conducted on the same lot for more than five (5) successive days in any one-year period and may not occur more than five (5) days in any one-year period. (2) Hours of activities shall not begin earlier than 10:00 a.m. and do not continue past 11:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday. (3) Off-street parking shall be provided in the manner prescribed in Article XV of the Santa Ana Municipal Code. (4) On-site circulation shall be maintained in a manner that will assure efficient internal parking lot circulation. Also, lots shall assure that vehicles need not exit on the street then re-enter the lot to find another parking space. (5) No equipment and/or rides may be located on the lot of such activity for more than forty-eight (48) hours prior to opening day. (6) All equipment and rides used for such activity must be removed within twenty-four (24) hours of closing, day of activity. (7) Noise sources associated with construction, dismantling of equipment, deliveries and rides, shall be permitted provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, Saturday or Sunday. (8) A 30-foot setback clear of, but not limited to, equipment, booths, stages and rides shall be maintained at all times along any property line abutting residential uses. (9) The activity is subject to cancellation or additional conditions if conducted in a manner detrimental to the health, safety, or welfare of the community as determined by authorized City of Santa Ana representatives including police, fire, public works, or downtown development. (g) Activities approved with alcohol sale and/or consumption shall obtain the appropriate license from the State Department of Alcoholic Beverage Control ("ABC") and will be subject to the following: (1) All cooking: equipment (grills, barbecues, etc.) must be turned off one-half (1/2) hour before the activity closure each evening. (2) The sale, service and consumption of alcohol shall occur only within afenced-in area. This area shall be designated with Ordinance No. NS-2803 Page 5 of 16 11 B-5 appropriate signage identifying it as such and shall be approved by the police department. (3) The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced-in area designated for the sale, service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in 41-195.5(g)(2). (4) Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only. (5) Alcoholic beverages shall be served in distinctive cups, which are different from those used for non-alcoholic beverages. (6) No more than two (2) cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. (7) The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. (8) The server is prohibited from consuming alcoholic beverages. (9) The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity. (h) All temporary outdoor activities shall be subject to the following: (1) The applicant must provide a minimum number of state licensed, uniformed security guards for each day of the activity. This minimum number is to be determined by the chief of police or his authorized representative during the application process. These guards shall be present from the opening of the activity until closing and all persons have vacated the grounds. Under special circumstances city police officers may be required in addition to the security guards. The applicant will bear the cost of the police officers. (2) Security guards must carry a cellular phone. (3) All personnel serving as security guards must wear attire such as a jacket, shirt, vest, etc., that clearly identifies them as security. (4) All security personnel shall have equipment enabling two-way communication with other security personnel. (5) The applicant shall be required to pay for any additional police services that may result from the activity. (6) Noise levels generated by the activity must remain under specified S.A.M.C. levels. Ordinance No. NS-2803 Page 6 of 16 11 B-6 (7) The sale of tickets must cease thirty (30) minutes prior to the closure of the activity daily. Section 5. Section 41-198.200 is hereby amended to read as follows: Sec. 41-198.200. Cyber cafes. Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in any C1, C2, C4, and C5 zones, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Cyber cafes shall not be permitted in a special districts or a specific plan unless explicitly set forth as a permissible use. Section 6. Section 41-199 is hereby amended to read as follows: Sec. 41-199. Laundromats. Laundromats may be permitted in the C1, C2, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any other use district. Laundromats shall comply with the following development and performance standards: (a) Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian: (1) Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; (2) Saturday and Sunday after 10:00 p.m. (3) The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. (4) Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size. (b) The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of 12:00 a.m. to 7:00 a.m. (c) "No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall Ordinance No. NS-2803 Page 7 of 16 11 B-7 be provided for customers waiting to use a computer. No outside waiting or seating area is permitted. (d) No person shall be permitted to consume alcohol on the premises. (e) Employees shall be at least twenty-one (21) years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. If the business has more than thirty (30) computers, the business is required to add one additional employee for every additional thirty (30) computers, or portion thereof, and for every thirty (30) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name. (f) Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. (g) The establishment shall maintain and operate acamera/video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. (1) Tapes/disks shall be kept a minimum of seventy-two (72) hours. (2) The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tape/disks. (3) A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera/video surveillance. (h) The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. (i) Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of Chapter 41, Article XVII of this code. Ordinance No. NS-2803 Page 8 of 16 11 B-8 Q) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer. (k) The business operator, at his/her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing. (1) The chief of police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. (2) Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. (3) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. (4) Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. (5) The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. (I) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum 1 footcandle of light. Interior lighting shall be at maintained at a minimum of thirty (30) footcandles of light. (m) No exterior pay phones shall be permitted. Ordinance No. NS-2803 Page 9 of 16 11 B-9 (n) No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted. (o) No gaming tournaments for cash prizes shall be permitted. Section 7. Section 41-199.1 is hereby amended to read as follows: Sec. 41-199.1. Banquet facilities. Banquet facilities may be permitted in the P, C1, C1-MD, C-SM, C2, C4, C5, CR zoning districts and in any specific plan or specific development zoning district wherever restaurants and eating establishments are permitted, as a primary and ancillary use, subject to the issuance of a conditional use permit. Banquet facilities may be permitted in the M1 and M2 zoning districts as an ancillary use to restaurants and eating establishments, subject to the issuance of a conditional use permit. Banquet facilities shall comply with the following development and operational standards: (a) All banquet facilities require a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. (b) All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. (c) Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one (1) guard/one hundred (100) attendees, with a minimum of one (1) security guard, or other security measures as approved by the chief of police. The guards shall be present until all attendees have left the premises. (d) All banquet facilities shall provide exterior lighting in compliance with police department requirements. As used herein, a banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short term, hourly or daily basis where occupancy is closed to the general public in exchange for monetary or other form of compensation. Section 8. Article III. Division 14 is hereby repealed in its entirety. Section 9. Article III. Division 14.5 is hereby repealed in its entirety. Section 10. Section 41-593.8 is hereby amended to read as follows: Ordinance No. NS-2803 Page 10 of 16 11 B-10 Sec. 41-593.8 Specific development plan approval time limits and extensions. The specific development plan shall not be deemed valid until all of the conditions as approved by the zoning administrator, planning commission, or city council have been complied with and released by the planning manager. The specific development plan approved in accordance with the procedures and considerations as provided in this division shall automatically become void after one (1) year from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the specific development plan. However, at the initial hearing of the zoning administrator, planning commission or city council may provide, by appropriate conditional approval, for extensions of time beyond the two-year period. Furthermore, the city council by may, by resolutions, extend the date on which a specific development plan becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Section 11. Section 41-595.2 is hereby amended to read as follows: Sec. 41-595.2. Uses permitted and development standards "OZ" suffix. When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the overlay zone to which the suffix is combined. In any case where the development project does not choose to adhere to the overlay zone, the standards and regulations of the underlying zoning district shall apply. Section 12. Section 41-595.5 is hereby amended to read as follows: Sec. 41-595.5. Approval of overlay zone site plans. No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met: (a) If the property is within a zoning district classification combined with an OZ suffix and the applicant wants to apply the overlay zone, the applicant must obtain for said property an overlay zone site plan review permitting use of the property in accordance with an overlay zone plan. (1) Said site plan review permit shall be approved, conditionally approved, or denied by the Planning Commission in accordance with the provisions of article V of this chapter applicable to a conditional use permit. Ordinance No. NS-2803 Page 11 of 16 11 B-11 (2) After the City Council has completed the review of the written finding of fact of the planning commission pursuant to section 41- 642, the property shall be subject to the standards and regulations of the overlay zone and any overlay zone site plan review conditions of approval. (3) All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the executive director of the planning and building agency. (4) Upon the issuance of the utility release or the Certificate of Occupancy, whichever comes first, the Executive Director of Planning and Building shall amend the sectional district map to reflect the overlay zone as the sole zone on the property. (b) If the property is within an OZ district, the overlay zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the overlay zone site plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. (c) If an overlay zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in paragraph (1) of said section in conformity with such overlay zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the planning manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings. Section 13. Section 41-610.5 is hereby amended to read as follows: Sec. 41-610.5. Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones walls and fences shall n of exceedt en (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to Ordinance No. NS-2803 Page 12 of 16 11 B-12 special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: (1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. Section 14. Section 41-622 is hereby amended to read as follows: Sec. 41-622. Mechanical equipment or appurtenances: Regulations. All mechanical equipment or appurtenances located on the roof or on the exterior of a building shall be screened. Every application for a building permit for the development of property shall be submitted to the planning department and shall be accompanied by detailed architectural drawings and plot plans, all to a workable scale, showing the elevation and location of the proposed screening structures or facilities, existing buildings and proposed addition, and any other pertinent information considered appropriate by the applicant or planning director pursuant to this section. Section 15. Section 41-629 is hereby amended to read as follows: Sec. 41-629. Zoning administrator; administrative functions. The zoning administrator may, as a part of his administrative function, authorize: (1) The temporary use of trailers for office space which are utilized in conjunction with any permitted use in the P, , C1, C2, , C4 and C5 Ordinance No. NS-2803 Page 13 of 16 11 B-13 districts for a period of time not exceeding two (2) years from the date of approval; provided said determination shall be in writing and show that the temporary office use is in harmony with the purpose and intent of this chapter. (2) The construction of open buildings in the C1, C2, and C5 districts; provided said determination shall be in writing and show that the open buildings are not detrimental to the surrounding area and the open portions of the structures are not visible from adjacent properties or public streets. However, the planning director may determine that a variance is necessary when a proposed temporary office trailer or an open building is so located as to be of importance to the adjoining property owners or to be in conflict with the orderly development of the area. Section 16. Section 41-685 is hereby amended to read as follows: Sec. 41-685. Change of a nonconforming use. (a) The conversion of a residence in any commercial or industrial district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth for such new use by this chapter. (b) Except as specified in section 41-685.5, a commercial use in the M1 or M2 district which is a nonconforming use by reason of the absence of a conditional use permit may be changed to another commercial use without the necessity of obtaining a conditional use permit. Section 17. Article XI Division 7 is hereby repealed in its entirety. Section 18. Section 41-1307.1 is hereby amended to read as follows: Sec. 41-1307.1. Bicycle parking spaces. All development projects (as defined by Section 41-668) shall provide short term bicycle parking on-site as follows: a. Retail and service commercial development shall provide bicycle parking at a rate of five (5) percent of the required automobile parking, but not less than four (4) bicycle spaces. b. Office, industrial and manufacturing development of greater than 15,000 gross square feet shall provide a minimum of two (2) bicycle parking spaces. c. Multifamily residences of five or more units shall provide a minimum of four (4) bicycle spaces. Ordinance No. NS-2803 Page 14 of 16 11 B-14 d. Key activity locations and public gathering uses including but not limited to theaters, recreation facilities, libraries, churches/temples, and schools shall provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle parking spaces if more than 50 parking spaces are required. e. If a use conducted in a building or on a site is not clearly defined as it relates to the application of this requirement, determination shah be at the discretion of the planning manager as to the appropriate bicycle parking requirement as listed in subsections a through d above. Such determination may be appealed to the planning commission and city council. f. To the extent practicable, the design, site planning, compatibility and lot design for on-site, short term bicycle parking shall be consistent with the City's Bicycle Support Facilities Guidelines. In those situations where said Guidelines cannot be applied due to site constraints or aesthetic considerations, in order to promote the objectives of said Guidelines and the health, safety and general welfare of the City, the Planning Director or designee may in writing authorize use of a portion of the required landscape setback, or the conversion of one required vehicular parking space for on-site, short term bicycle parking. Section 19. This Ordinance shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2804, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 20. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 21. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Ordinance No. NS-2803 Page 15 of 16 11 B-15 ADOPTED this day of June, 2010. Carlos Bustamante Chairman' APPROVED AS TO FORM: By: Joseph W. Fletcher 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 Ordinance No. NS-2803 to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Councilmember Bustamante appointed as meeting chairman pursuant to SAMC 2-101 due to unavailability of Mayor and Mayor Pro Tem. Ordinance No. NS-2803 Page 16 of 16 11 B-16 KO-06/03/10 ORDINANCE NO. NS-2804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT (SD-84); ADOPTING THE M1 OVERLAY ZONE; ADOPTING THE M2 OVERLAY ZONE; REZONING THE PROPERTY LOCATED AT CERTAIN REAL PROPERTY IN THE CENTRAL URBAN CORE OF SANTA ANA FROM VARIOUS ZONES TO TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT (SD-84), M1 OVERLAY ZONE AND M2 OVERLAY ZONE; AND REPEALING SPECIFIC DEVELOPMENT NOS. 30, 37, 47, 71 AND AMENDING THE HEIGHT EXEMPTION AREAS MAP (AA NO. 2005-09) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. On May 27, 2010, the Planning Commission held a duly noticed public hearing, and by a vote of 5:0 (Betancourt abstained, Yrarrazaval absent) voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2006-02 prepared for the proposed Transit Zoning Code (SD 84A and 84B) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District (collectively, the Proposed Project); adopting the Mitigation Monitoring and Reporting Program, adopting the CEQA Facts, Findings and a Statement of Overriding Considerations; and approving the Proposed Project. 2. Adopt a resolution approving General Plan Amendment No. 2010- 01. 3. Adopt an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. ' 2010-01). 4. Adopt an ordinance approving the creation of Specific Development No. 84, approving the rezoning of properties from various zones to Specific Development No. 84, repealing Specific Development No. 30, 37, 47 and 71, and amending the height exemption areas map (AA No. 2005-09). Ordinance No. NS-XXX Page 1 of 11 11 B-17 5. Adopt a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. B. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Transit Zoning Code Specific Development District (SD-84) on June 7, 2010, and at that time considered all testimony, written and oral. C. Amendment Application No. 2005-09 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located in the central urban core of Santa Ana and comprises over 100 blocks and 450 acres. The area is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue and Interstate 5 (I-5) and includes the Civic Center, Downtown, the Logan and Lacy neighborhoods, the First Street commercial corridor, and industrial areas surrounding the Santa Ana Regional Transportation Center (SARTC). D. The Transit Zoning Code (SD-84) will establish separate zones that range from transit-oriented compact development to less intense, neighborhood- serving development with a mixture of land uses within them. SD-84 allows for greater flexibility of parking provision by using the concept of shared parking for non-residential uses and establishes parking ratios by district with less emphasis on establishing parking by use. Additionally, SD-84 establishes detailed development standards for building and parking location, building massing and open space, and regulates building architecture through standards and guidelines. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that Amendment Application No. 2005-09 is consistent with the purpose of the General Plan, including but not limited to its goals and policies to: 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote medium density housing in and around the downtown area. Land Use Element Policy 1.1. 3. Support high density residential development within the City's District Centers as a part of a mixed use development. Land Use Element Policy 1.2. 4. Support "live/work" opportunities within specifically defined areas. Land Use Element Policy 1.6. 5. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 6. Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.2. Ordinance No. NS-XXX Page 2 of 11 11 B-18 7. Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Land Use Element Policy 2.4. 8. Encourage the creation of new employment opportunities in developments which are compatible with surrounding land uses, and provide a net community benefit. Land Use Element Policy 2.6. 9. Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Land Use Policy No. 2.7. 10. Support developments that create a business environment that is safe and attractive. Land Use Element Policy No. 2.9. 11. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 12. Support land uses which provide community and regional economic and service benefits. Land Use Element Policy No. 4.3. 13. Encourage the development of projects which promote the City's image as a regional activity center. Land Use Element Policy No. 4.4. 14. Encourage development of employment centers and mixed use projects within targeted areas adjacent to major arterial roadways, transit and freeway corridors. Land Use Element Policy No. 4.5. 15. Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality development. Urban Design Element Goal 1.0. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 7, 2010 accompanying this matter. G. For these reasons, and each of them, Amendment Application No. 2005-09 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. At the duly noticed public held on June 7, 2010, the City Council, by resolution, certified that the Final Environmental Impact Report (Final EIR) No. 2006-02, prepared for the proposed Transit Zoning Code (SD 84A and 84B) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; adopted the CEQA Findings of Fact and Statement of Overriding Considerations; and adopted the Mitigation Monitoring and Reporting Program. At the June 7, 2010 meeting, the City Council also adopted a resolution amending the City's general plan (GPA No. 2010-01), Ordinance No. NS-XXX Page 3 of 11 11 B-19 adopted an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2010-01), and adopted a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. This ordinance incorporates by reference, as though fully set forth herein, the ordinance, resolutions and the Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. The City Council hereby directs the creation of Article XIX within Santa Ana Municipal Code Chapter 41. The City Council further directs that the following sections from The Specific Development District (SD-84), Transit Zoning Code which came before the City Council on June 7, 2010 and is on file with the Clerk of the Council shall be adopted and incorporated within Article XIX as though fully set forth herein: Santa Ana Municipal Code Section Page number in Transit Zoning Code numbers Division 1. Pages 1:3 through 1:6 Sections 41-2000 through 41-2005 Division 2. Pages 2:1 through 2:4 Sections 41-2006 through 41-2008 Division 3. Pages 3:3 though 3:8 Sections 41-2010 though 41-2015 Division 4. Pages 4:1 through 4:35 Sections 41-2020 through 41-41- 2040 Division 5. Pages 5:1 through 5:8 Sections 41-2050 through 41-2064 ~ Division 7 Pages 7:1 though 7:4 Sections 41-2080 The City Council hereby directs and authorizes the Clerk of the Council to make any formatting changes to the numbering to make the new code sections consistent with Chapter 41. The City Council further authorizes the Clerk of the Council to create identification numbers and cross-reference said identification numbers within the text for the diagrams contained in Division 3. It is the City Council's intent that said diagrams be contained within the Santa Ana Municipal Code. Section 3. The City Council hereby adopts the M1 Overlay Zone and M2 Overlay Ordinance No. NS-XXX Page 4 of 11 11 B-20 Zone as set forth in Specific Development No. 84, Transit Zoning Code on file with the Clerk of the Council. Section 4. The real property within the Transit Zoning Code, generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue and Interstate 5 (I-5) and includes the Civic Center, Downtown, the Logan and Lacy neighborhoods, the First Street commercial corridor, and industrial areas surrounding the Santa Ana Regional Transportation Center (SARTC) is hereby reclassified from various zones to Specific Development District No. 84 (SD-84), M1 Overlay Zone and M2 Overlay Zone. Amended Sectional District Map numbers 7-5-9 and 12-5-10 showing the above described changes in use district designation, are hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2005-09). Section 5. The City Council hereby amends and adopts the Height Exemption Areas Map attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. Section 6. Specific Development No. 30 is hereby repealed in its entirety. Section 7. Specific Development No. 37 is hereby repealed in its entirety. Section 8 Specific Development No. 47 is hereby repealed in its entirety. Section 9. Specific Development No. 71 is hereby repealed in its entirety. Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2010. Carlos Bustamante Chairman' APPROVED AS TO FORM: By: Joseph W. Fletcher City Attorney Councilmember Bustamante appointed as meeting chairman pursuant to SAMC 2-101 due to unavailability of Mayor and Mayor Pro Tem. Ordinance No. NS-XXX Page 5 of 11 11 B-21 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 Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 11 11 B-22 Exhibit A Sectional District Map Ordinance No. NS-XXX Page 7 of 11 11 B-23 SEVEtV7EEN7H ST. ' i ] I ) { L~ .v>~ PS ~ SRS w.. of a of of cs u R] Ri R3 R > Gf { E 1 Rt ~ C7 1 3,~jpP3, Ri ~ R] R] ~ R] 'j, ~ I ~ i ~ Q W11UI -`1 Rx ~ t Cj tit ) ~R ~ . 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Titil0.t'iD)1.1L)li Q G&VF11hiCOYI.\!ERCiAI M2 HFAW LVgiSTRLLL ft3 MUtT1P1E•fA4!AY RESID6VCE ~/~7TUf)+~]]ias vosR*sc Di DOIYYTOYN CDA CDRRDCNi Rf SUBURBiIV APAATA!FM vu>d )-~Dn~:u srcrrwuD/rrcr I1C URBANCEYTER 0 OPEV SPACE AE RESIDEri71AL ESTATE C4 I'IILVtiED $HOPPiVG CFHEEA -0Z OYF%AYZCAVE SD SPECIFK OEYtlOPA!E.VT ~N ~ svno CS ARTFI9AL COA!4FROAL P PROEE$$tONAI OFLVSE 0.20] SP SPFCUIC PLAN Mrcwiiulnw/rrax CA CQV.MffiCIAL RES+DEYIIAI U\-1 URBAN tiEIGHBORt10001 N TAA.VSITYILLAGE Csr4r Ub Vt/9. NG1 !35 /M /A\Y T:Q p10IfQ1 NO ~I NIDTIdPOVi AF6./M /A1Y HO M93> Mlii7 MI916 M13i9 MINd MSS) Miii M953 M339 MHI3 M9}7 MO>{ Me}I OfLl.7FYc5.A0. A11L33 ISIW ASJOI) S}i}y Ai)li) AidJ)) AL)>)) A>T!.]7 AS))Jl AiT181 Aidall ~STSN A>d31) ADDPiFD DALE yiW i}]D4 }1733 it-Mi> )1391 )7195 1}}93 IP133 1}}33 t•IYN Il6H }}33 }7-0S FFSIM/AV[A10 S9)7 bta M~a MN9 Mfg] MT9T M)aa MIT) M65! MIN Mi)l MIIa Md)T MiA M9M M9M AA9U MSN M93) M939 M9N M9i] M919 M9iaN Oiip.IRFIMi A4]I'u3 AS]I91 AS1~1 aS1N8 ASSa73 ASIW Ib W) kiHYl /6)3'~ 1b/U1 A5S8U MtSss 6}T k>I»a /tf])61 AS1733 Ail») Ai1S>f ASIdH SW AS{W i1SIa91 AS1811 AS19Q A90JTEDDAT6 I.1})T ]}ITR In}n Il-}77 63973 }II-fi })•>3 T7J8 1Prii1 }1W iI27 i}pd) >)}U i}M H3] }H3 }{}33 I-2}36 )•}33 1836 7-i>33 triH7 93W I.7]3b s~; ~ • C PREPARED f3Y THE PLANNING DIV1510N - C17Y OF SANTA ANA, CALIFORNIA Rln5FD571)J09 11 B-24 SEVENTEENTH ST. 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SECTIONAL DISTRICT MAP 12-5-10 scALE w EEET • • • ADOPTED BYTHESANTAANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS-361 0 loon GO- MINIMUM FRONTAGE -6000 MINIMUM LOT AREA Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT UN-2 URBAN NEIGHBORHCK)D2 -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT 1HIS MAP ISTHE OFFICIAL SECTMJNAL C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE D1sTRla rJAPaTHEatt Or saNTAANA. Ci-MD COMMUNIN COMMERCIAL-MUSEUM DISTRICT Ml LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE As AUnawzEn RVattcoueaL C2 GENERALCOMMERCIAL M2 HEAVY INDUSTRIAL REwwnoN NO. )4-163.OaeO n-I ea4.l R3 MULTIPLE-FAMILY RESIDENCE NERFer arrEnTHaTHIS AUPISaTRUE DT DOWNTOWN CDR CORRIDOR R4 SUBURBAN APARTMENT ("O~Y ~FTHl; 0111OINAL SecrloNaLOlsmlcr UC URBAN CENTER O OPEN SPACE RE RESIDENTIAL ESTATE 5ignetl C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT /AVmE>7No CS ARTERIAL COMMERCIAL P PROFESSIONAL ExECUnvt DIRECTOR SP SPECIFC PLAN PuNNINCSbuuoiNO AGENCY CR COMMERCIAL RESIDENTIAL UN-1 URBAN NEIGHBORHOODI N TRANSIT VILLAGE CerlA~wte Date Octo0er 11 200] RES.IA.A.I PN%. NO. 0.A 1059 0.A.1068 AA.%~3 AA.969 AA.%~5 Ag03~1 AA.%6 ORD.I RES. NO. N5~11)I NS-2119 NS-228) NS-2308 N5~135) NS-1630 NS-2)33 ADOPTED DATE 921-92 )~18-94 4~15~% 121-% 615-98 9-3-03 1~5-0J RES./A0./ANX.NO. 6010 AA. ]36 AA. ]53 AA. 295 AA 820 AA.041 AA.801 A.0.043 AA.850 AA. Bfi9 AA. BB3 0.A. 806 A.A 911 AA 999 AA.%5 AA.%I 0.A 1029 AA.1035 A.A.1036 AA.1030 AA 1046 AA. 1051 AA.1052 AA 1053 OPD./RES. NO. NS-1193 NS-1299 N6~1301 N5~1431 NS-1505 N5~155) 51558 N5~1563 N61591 NS-1620 N5~1695 NS-1)14 N5~1 )6) NS-1856 NS1080 NS~1B83 NS2036 N5~1059 NS105) N62068 NS-2109 N5~113) N5~11;9 NS-210) ApOPTEO DATE 12-t)-]3 224-)6 1116]6 ]-1108 1P15~)9 12-680 it-1)80 1~1)A1 )10411 1-1881 8-1B~fl3 41 B4 520-88 )~I-% 1-5-0I 2689 d-16-90 42-% - - 61)91 61991 RES./AA/ANS.NO. 5205 5452 5451 5508 5513 5511 5536 5549 5551 55)) 5580 55)9 5600 5600 5631 56)6 5)40 5))2 5820 5865 e)0 5 3 5885 OIiD./RES.NO N5~00) NS~6)6 NSd)5 NS-521 NS-556 NS553 N5~56) NS-5)9 NS-592 NS 616 NS61/ N5311 N6641 NS649 N1~6)e NS-118 NS-011 NS-841 N5~0% N6~899 NS-953 NS-960 NS-%3 N69)1 ADOPTED DATE 11-239 01)30 101)-60 9031 1~1-61 I<32 2-1931 61861 )~1-62 101562 U1562 11-1963 3-1863 5-663 0-l bfi3 S>-66 621-65 4-1836 1166) 12+6) 069 4)-69 411 b9 ~ ~ ~ ~ ~ - - PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 5/17/10 11 B-25 Exhibit B Height Map Ordinance No. NS-XXX Page 10 of 11 11 B-26 3 HEIGHT EXEMPTION AREAS 5~, LA VETA AY. GARDEN GROVE 6L.~' -r ~.J M t.~ ~ N TRASK AV. ~ ~ , SANTA GLARA AV. ~ r ~.1,~.w._.~._._ 17TH Si. . I ~ I WASNINGTON AY. N 1D'fN~ _ _ GVIC LENIER DR. ~ o_ 5TH 5T. ~~S I ~ SANTA ANA 6L..._. 1_ 15157.. r .CHESTNUT AV. , . l .I ~ _ ~ ..3f ~ . MCFADDEN AV.. ~ ~ '~.~.~.r•--•I N ~ m; LL, EDINGER AY vv << ~ ~ ~J < p U1. a p( _ LL ~ < i N Td'.' ' - WARNER AV. ~ ~ ~ S a~ a ' , SEGERSTROM 5t,. _ z' / ~ / ~ ALTON AV. ALTON AK V'~,FO MAGAICTNI,~G.SI, _ .,~Vr~ . w SUNFLOWER IAV.y ~ . ~ . . ~ . a 2 q~ - Adopted by City Council 12-2-85 - Amended May 2010 Ordinance No. NS-XXX Page 11 of 11 11 B-27 i 11 B-28 REQUEST FOR COUNCIL ACTION r CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended CONTRACT AWARD FOR TRAFFIC ? As Amended ? Ordinance on 1St Reading SIGNAL SYSTEMS UPGRADE ? Ordinance on 2"d Reading EQUIPMENT (SPEC. NO. 10-019) ? implementing Resolution ? Set Public Hearing For ~ CONTINUED TO ~~~~,%~G~'~----~.-- FILE NUMBER CITY MANAGER RECOMMENDED ACTfON 1. Award a contract to Safetran Traffic Systems, Inc. for traffic signal cabinet assemblies in an amount not to exceed $192,500. 2. Award a contract to Econolite Control Products, Inc. for controllers and software in an amount not to exceed $463,000. 3. Award a contract to GDI Communications LLC for internal and rack mount modems in an amount not to exceed $98,000. DISCUSSION The City's traffic signal system consists of 283 traffic signals with 245 of the traffic signals monitored and controlled by an outdated and no longer supported central traffic signal system, Multisonics VMS 330. The remaining 38 traffic signals are monitored and controlled by a recently installed Management Information System for Traffic (MIST). The City is converting all traffic signals to the MIST system and due to the size and complexity of the project, the implementation is divided into eight phases based on geographical areas. To expedite the traffic signal system upgrade project in a cost efficient and timely manner, two procurement processes are required for purchase of the equipment directed to sole source suppliers established in the initial MIST phase installed in the Downtown area in 2008 as well as a formal bid award for standard traffic signal cabinets. A notice inviting bids was advertised on April 28, 2010, and bids were solicited for traffic signal cabinets. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 5 Bids received Contract Award for Traffic Signal Systems U~~aae Equipment Contract Award for Traffic Signal Systems Upgrade Equipment June 21, 2010 Page two ' Bids were solicited and opened on May 21, 2010, and evaluated. The bid received from Safetran Traffic Systems, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated order modification, an additional five percent contingency has been included in the award amount. Secondly, according to the City's purchasing code, sole source criteria has been met for awards to GDI Communications LLC for internal dual modems and internal mount modems that provide the required speed and are fully compatible with the City's MIST central traffic signal system communication requirements. In addition, the Public Works Agency Adaptive Downtown Traffic Signal Project in 2008 formally standardized controllers from Econolite Control Products, Inc. as the manufacture of the City's traffic signal controllers. Staff recommends two sole source awards with five percent contingencies included in each award amount. FISCAL IMPACT Funds are available in the Measure M Fund (no. 03217660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~ Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency KM 22A-2 ABSTRACT OF BIDS 10-019 CONTRACT AWARD FOR Type 332 Traffic Signal Controller Cabinet Assembly VENDOR Safetran Traffic Intelight PSI Phoenix Republic Systems Inc. Acquisition Highway Intelligent Products Transportation LOCATION Anaheim CA Tucson AZ Salem OR Phoenix AZ Anaheim CA Materials $ 168,531.00 197,175.00 213.147.00 303,072.00 449,625.00 Sales tax on Material @ $8.75% $ 14,746.46 17,252.81 18,650.37 26,518.80 39,342.19 Shipping/Delivery $ INCL 2,230.00 3,000.00 INCL 200.00 TOTAL COST $ 183,277.46 216,657.81 234,797.37 329,590.80 489,167.19 5% Contingency $ 9,163.88 TOTAL $ 192,441.34 Rounded off TTL $ 192,500 AWARD TO: Safetran Traffic Systems, tnc. $192,500 Exhibit 1 22A-3 22A-4 REQUEST FOR ,~~:~W° COUNCIL ACTION r~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended CONTRACT AWARD FOR ? As Amended DELL COMPUTERS ? Ordinance on 1St Reading ? Ordinance on 2"d Reading (SPEC. NO. 10-024) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ' ~ / : ~ L~ J~ FILE NUMBER CITY ANAGER RECOMMENDED ACTION Award a contract to Dell Computer Corporation, for the purchase of computers in an amount not exceed $61,000. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) have identified 58 computers in need of scheduled replacement. The PRCSA has 300 computers agency wide. This replacement comes due, as a result of them being seven years old and reaching the end of their life service. PRCSA is working with the Information Services Division to reduce the number of standard PC's required by PRCSA. Almost half of the funds for this purchase are coming from grants and donated monies. Forty six of the new PC's will be going to Central and Newhope libraries, most of which will be used by the public in computer labs and by children to complete homework assignments. In addition, six PC's will be going to replace the public computers at the Logan Center. The remaining new PC's will be assigned to staff at the Agency's recreation centers, corporate yard office, and administrative office. PRCSA continues to work with IS to minimize PC replacement costs, and will continue to identify grant funds and donated monies to minimize the impact on the City's general fund. The Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi-State Cooperative Agreements for Commodities, IT Goods and Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. Dell Computer Corp. is a manufacturer offering WSCA pricing. This purchase, when combined with purchases made by the City with Dell Computer Corporation, exceeds the $25,000 aggregate limit, requiring Council approval. 22B-1 Contract Award for Dell Computers June 21, 2010 Page 2 FISCAL IMPACT Funds are available in the Parks, Recreation and Community Services, Special Fees and Donations account, (02213200-63001), Administrative Services account, (01113200-63001) and the California State Library E-Rate grant account, (15311151-63001). APPROVED AS TO FUNDS AND ACCOUNTS: ~t~cc~r d Gerardo R. Mouet Francisco Gutierrez Executive Director Executive Director Parks, Rec. & Com .Services Agency Finance & Mgmt. Services Agency Exhibit 1: Abstract of bids -Contract award for CISCO Smartnet Maintenance (10-020) Exhibit 2: Abstract of bids -Contract award for CISCO Equipment, Support & Licensing (10-021) ~i 22B-2 Contract Award for Dell Computers June 21, 2010 Page 3 ABSTRACT OF BIDS CONTRACTAWARD FOR CISCO SMARTNET MAINTENANCE (10-020) Vendor Intelli-Flex Inc EnPointe Technologies Location Cypress, CA Gardena, CA Total $25, 686.06 $27, 835.66 Vendor Continuant Emgence Technologies Location Fife, WA San Diego, CA Total $31, 546.20 $32,045.00 Vendor Vox Network Business Services Solutions Solutions Location San Francisco, CA San Diego, CA Total $32, 297.30 $34, 619.36 Vendor ISC, Inc. Shoreline Networks Location Casper, WY Dana Point, CA Total $31,921.75 $33,035.00 Exhibit 1 22B-3 Contract Award for Dell Computers June 21, 2010 Page 4 ABSTRACT OF BIDS CONTRACTAWARD FOR CISCO EQUIPMENT, SUPPORT& LICENSING (10-021) Vendor En Point Technologies Business Services Solutions Location Gardena, CA San Diego, CA Total $182, 573.69 $188, 022.17 Vendor Digitallntelligence GovConnection Inc. Systems Corp Location Chantilly, VA Merrimack, NH Tota I $183, 300.81 $183,445.52 Vendor Vox Network Solutions Location San Francisco, CA Total $189, 550.78 Exhibit 2 22B-4 w~ ,i}, REQUEST FOR ~ - r~i. COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED INCREASED CONTINGENCIES FOR ? As Recommended MID-CITY NEIGHBORHOOD AND ? As Amended ? Ordinance on 1 S` Reading EDINGER AVENUE IMPROVEMENTS ? Ordinance on 2"d Reading (PROJECT NOS. 107554 AND 077577) ? implementing Resolution AND RESIDENTIAL STREET REPAIR ? Set Public Hearing For - PHASE 12 (PROJECT NO. 106718) CONTINUED TO ~ ` FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Increase the contingency for the contract with All American Asphalt for the Mid-City Neighborhood Improvements and Edinger Avenue Improvements project by $400,000 to a total estimated contract amount of $2,032,723 and approve a supplemental agreement for $400,000 with All American Asphalt for the additional work. 2. Increase the contingency for the contract with All American Asphalt for the Residential Street Repair-Phase 12 project by $320,000 to a total estimated contract amount of $3,542,115. DISCUSSION On February 1, 2010, the City Council awarded a contract for the Mid-City Neighborhood and Edinger Avenue Improvements project to All American Asphalt in the estimated amount of $1,310,298 plus a contingency of $322,425 totaling $1,632,723. Since then, additional funds from the Community Development Block Grant Fund Recovery Act became available for the Mid-City Neighborhood. In order to use the available funds, staff recommends extending the limits of pavement rehabilitation within the neighborhood. In addition, contract documents call for construction of one and one-half inch asphalt concrete pavement over six inches of cement-treated base (CTB). An initial field investigation prior to the start of construction revealed no issues with the subgrade. However, once the CTB process was started, some areas of unstable subgrade were encountered. To mitigate the unstable subgrade, the pavement thickness for all the streets needs to be increased from one and one- half inch to two inches. The contractor will be paid according to the actual quantities of work and the bid unit prices. With the additional contingency, the aggregate amount of the change order is estimated at $722,425, which equals to 55 percent of the original contract. 23A-1 Increased Contingencies for Mid-City Neighborhood June 21, 2010 Page 2 When the total change orders exceed 25 percent of the original contract, a supplemental agreement is required according to the Standard Specifications for Public Works Construction, which is part of the contract by reference. This agreement will affirm that the contractor will be paid only according to the contract unit prices and no other compensation will be allowed. On February 1, 2010, the City Council awarded a contract for the Residential Street Repair - Phase 12 project to All American Asphalt in the estimated amount of $2,929,195 plus a contingency of $292,920 totaling $3,222,115. For the same reason mentioned in the Mid-City Neighborhood project, the pavement thickness for the streets needs to be increased from one and one-half inch to two inches. Similarly, the contractor will be paid according to the actual quantities of work and the bid unit prices. Increasing the contingency by $320,000 will raise the total contingency to 21 % of the contract amount. Since the total contingency is less than 25 percent of the contract amount, no supplemental agreement is needed and the additional work shall be processed according to the original terms and procedures in the contract. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT The contingency increase for the Mid-City Neighborhood project is estimated at $400,000. Funds in the amount of $90,000 are available in the Community Development Block Grant Fund Recovery Act (accounting unit 13518787-66220). The remaining $310,000 is available in the Public Works Account for Residential Street Repair (accounting unit 05817661-66220). The contingency increase for the Residential Street Repair -Phase 12 project is estimated at $320,000. Funds are available in the Public Works Account for Residential Street Repair (accounting unit 05817661-66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~~I Raul Godinez II Francisco Gutierrez , ~ y'h`~' Executive Director Executive Director Public Works Agency Finance & Management Services Agency Cynthia J. Nelson Deputy City Manager, Development Services Community Development Agency RG/DI 23A-2 REQUEST FOR ~.F~ COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED CONTRACT AWARD FOR DYER ROAD ? As Recommended AND GRAND AVENUE INTERSECTION ? As Amended ? Ordinance on 1ST Reading WIDENING (PROJECT NO. 091751) ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ,f' , i~''-"~c-~" ? ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $721,180 for construction of the Dyer Road and Grand Avenue intersection widening. 2. Approve a Funding Analysis with a total estimated construction cost of $871,000. DISCUSSION The intersection of Dyer Road and Grand Avenue currently operates at an unacceptable level of service due to heavy congestion (Exhibit 1). The project will result in widening the intersection to add alert-turn lane in the eastbound direction and a through lane in the westbound direction. In addition, some of the adjacent curbs, gutters, sidewalk, and driveway approaches will be reconstructed as part of the roadway widening. Once completed, the widening will enhance traffic movement at the intersection. The Notice Inviting Bids was advertised on April 9 and 12, 2010, and bids were opened on April 28, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 17 Bids received: 6 Bids received from Santa Ana Contractors: 1 23B-1 Contract Award For Dyer-Grand Intersection Widening June 21, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $721,180.00 2. Excel Paving Company Long Beach $772,985.80 3. R. J. Noble Company Orange $784,112.35 4. Hillcrest Contracting Corona $859,291.50 5. Hardy & Harper, Inc. Santa Ana $866,000.00 6. PTM General Engineering Services Riverside $1,041,040.00 A total of six bids were received and all were responsive. The lowest bid was submitted by All American Asphalt, for $721,180, which is below the Engineer's estimate of $782,000. ENVIRONMENTAL IMPACT Environmental Review No. 2001-41 has been completed and a Categorical Exemption has been filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $871,000 for the project (Exhibit 2). Funds are available in the Measure M Street Construction Fund (accounting unit 03217660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: 4 ~1 / ~ • Raul Godinez I Francisco Gutierrez Executive Dire t r Executive Director Public Works A ency Finance & Management Services Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis ICI 23B-2 N H Z WJ Q U ~ Z 5 O ~ g ~ ~~P = DYER RD O~ N S~ ~J P ~`'MP 'QO ~o ®PROJECT AREA EXHIBIT 1 0~~ ~~s SANTA ANA ~ ~ A G E N D g 0 U N C I L CONTRACT AWARD FOR DYER AND GRAND ~ INTERSECTION WIDENING ~ DATE: (PROJECT N0.091751) ~ .~«5 ~~Y June 21, 2010 FUNDING ANALYSIS PROJECT NO. 091751 DYER AND GRAND INTERSECTION WIDENING Construction Contract $721,180 Contract Administration $17,702 Inspection and Testing $35,000 Survey Staking $25,000 Contingencies $72,118 TOTAL ESTIMATED CONSTRUCTION COSTS 871 000 Exhibit 2 23B-4 REQUEST FOR COUNCIL ACTION ~ yl CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED CONTRACT AWARD FOR ADAMS PARK ? As Recommended BASKETBALL COURT RENOVATION ? As Amended (PROJECT NO. 107504) ? Ordinance on 2"d Readl ng ? Implementing Resolution ? Set Public Hearing For CONTINUED TO l~ . J FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to Caliber Paving Company, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $66,595 for construction of Adams Park Basketball Court Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $133,930. DISCUSSION The surfaces of the six basketball and volleyball courts at Adams Park have severe cracks and erosion that inhibit the use of the facility (Exhibit 1). The project entails reconstruction of the asphalt pavement and restriping of the basketball and volleyball courts. Once completed, the improvements will provide a better playing surface and will encourage more people to use the park. The Notice Inviting Bids was advertised on April 7 and 9, 2010, and bids were opened on April 27, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 12 Bids received: 10 Bids received from Santa Ana Contractors: 2 23C-1 Contract Award For Adams Park Basketball Court Renovation June 21, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Caliber Paving Company, Inc. Santa Ana $66,595.00 2. Century Paving, Inc. La Mirada $75,371.17 3. Panorama General Engineering, Inc. Upland $80,999.00 4. ACE CD, Inc. La Verne $82,296.95 5. Green Giant Landscape, Inc. La Habra $86,440.00 6. KM Consulting Crestline $87,593.30 7. Diversified Landscape Mgmt., Inc. Mission Viejo $87,808.00 8. Terra Paving, Inc. Santa Fe Springs $89,767.50 9. Hardy & Harper, Inc. Santa Ana $93,740.50 10. Aghapy Construction, Inc. Bakersfield $107,620.00 A total of ten bids were received and all were responsive. The lowest bid was submitted by Caliber Paving Company, Inc., for $66,595, which is below the Engineer's estimate of $98,825. ENVIRONMENTAL IMPACT Environmental Review No. 2010-38 has been completed and the Categorical Exemption will be filed upon award of contract pursuant to the California Environmental Quality Act. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $133,930 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (accounting unit 13518783-66220). APPROVED AS TO FUNDS AND ACCOUNTS: r~~ ~ . Raul Godinez II Francisco Gutierrez Executive Director Executive Director ~ Public Works Age y Finance & Management Services Agency 23C-2 Contract Award For Adams Park Basketball Court Renovation June 21, 2010 Page 3 ti~~z~ G , Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency - z Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency RG/WA Exhibit 1: Project Location Map 2: Funding Analysis 23C-3 ~I 23C-4 EDINGER AVE Fvl 2 LLI J W y Q OC W I- Z v ST. GERTRUDE PROJECT SITE WARNER AVE EXHIBIT 1 ,~o~,NORA"~~~. z o II? z ~ i ~ j < SANTA ANA TITLE: 1 j,( y CITY COUNCIL CONTRACT AWARD FOR i V PWA AGENDA SATE: ADAMS PARK BASKETBALL COURT RENOVATION JUNE 21, 200 (PROJECT NO. 107504) PUSUC NARKS AGENCY 23C-6 FUNDING ANALYSIS PROJECT NO. 107504 ADAMS PARK BASKETBALL COURT RENOVATION Construction Contract $66,595 Contract Administration $6,070 Inspection and Testing $10,000 Contingencies $51,265 TOTAL ESTIMATED CONSTRUCTION COSTS 133 930 Exhibit 2 I 23C-7 23C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED CONTRACT AWARD FOR TRAFFIC ? As Recommended SIGNAL SYSTEM UPGRADES - ? As Amended PHASES 5, 6, 7, AND 8 PROJECT NOS. ? Ordinance on 15~ Reading ? Ordinance on 2"d Reading 106712, 106713, 106714, AND 106715) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO (,~`'~^-'f` FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternates one, two, three, and four in the estimated amount of $262,836 for construction of Traffic Signal System Upgrades- Phases 5, 6, 7, and 8. 2. Approve a Funding Analysis with a total estimated construction cost of $354,700. DISCUSSION The traffic signal management system that controls most of the City's traffic signals is outdated and does not meet current national standards. As a result, there is no service support available for the system. The City has purchased a new traffic signal management system and is now in the process of replacing the existing traffic signal controllers with controllers that are compatible with the new system. These projects will replace 120 controllers and 33 traffic signal cabinets and will provide for a more effective traffic management system (Exhibit 1). The Notice Inviting Bids was advertised on April 2 and 5, 2010, and bids were opened on April 20, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 7 Contractors requesting bidding documents: 11 Bids received: 7 Bids received from Santa Ana Contractors: 0 23D-1 Contract Award for Traffic Signal System Upgrades - ~ Phases 5, 6, 7 & 8 June 21, 2010 Page 2 BASE BID PLUS ALTERNATES ONE NAME OF RESPONSIVE BIDDER CITY THROUGH FOUR 1. California Professional Engineering, Inc. S. EI Monte $262,836 2. Republic Intelligent Transportation Services Anaheim $287,350 3. Dynalectric Los Alamitos $380,868 4. PTM General Engineering Services, Inc. Riverside $409,409 5. International Line Builders, Inc. Riverside $447,820 6. Christopher R. Morales, Inc. San Dimas $467,700 7. Competitive Edge Electric, Inc. Highland $684,500 A total of seven bids were received and all were responsive. The lowest bid was submitted by California Professional Engineering, Inc., for $262,836, which is below the Engineer's estimate of $422,900. ENVIRONMENTAL IMPACT After completion of Environmental Reviews Nos. 2010-08, 2010-09, 2010-10 & 2010-11, Categorical Exemptions will be filed for these projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $354,700 for the project (Exhibit 2). Funds are available in the Measure M Fund (accounting unit 03217660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Dire r Executive Director Public Works Agency Finance & Management Services Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis 23D-2 it 23D-3 5 55 ' ' ¦ ~ ¦ ¦ ¦ Q 22 Santa lara ¦ C ¦ ¦ ~ ~ N ~ ~ W stmins er Ave 17th St. ¦ ~ Civi enter Dr. • ¦ ? ¦ N ~ 5th St. ~ ~ 5th St. fR i¦¦ ¦ N ~ ~ N > m 3 1st St eet ~ V ~ m ~ > ¦ V j 0 co ~`o Q 3 ~ ~ ¦ ~ ¦ ~ ¦ ¦ C ¦ ' Z = Vj ~ M Fa de Avy ¦ • ¦ 3 ¦ ~ • m ¦ Edinge Ave. u. ~ ~ ~ Warner Ave.. N ea r . ~ V~~~ ~ N ~ 3 _o Segerstr m ve. ; \/II u, • ¦ Y ¦ ¦ NORTH i 405 EXHIBIT 1 p'l10N p saHrn nHn CONTRACT AWARD goo° t ,,'9s~ City Council P~ WA a Agenda Date: Traffic Signal System Upgrade ' ~ Phases V-VIII ~ ' PUBLICWORKS AGENCY June 21, 2010 (Project Nos. 106712, 106713, 106714, 106715) I 23D-4 I~ 23D-5 FUNDING ANALYSIS PROJECT NOS. 106712, 106713, 106714, AND 106715 TRAFFIC SIGNAL SYSTEM UPGRADES PHASES 5, 6, 7, AND 8 Construction Contract $262,836 Contract Administration $14,297 Inspection and Testing $25,000 Contingencies $52,567 TOTAL ESTIMATED CONSTRUCTION COSTS 354 700 Exhibit 2 23D-6 REQUEST FOR COUNCIL ACTION ~y qN~ .ilk. 'F• CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED CONTRACT AWARD FOR WEST PUMP ? As Recommended STATION FACILITIES UPGRADE ? As Amended PROJECT NO. 053195 ? Ordinance on 1ST Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO t~ ~f' Jr FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to F. T. Ziebarth Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,717,000 for construction of the West Pump Station Facilities Upgrade. 2. Approve a Funding Analysis with a total estimated construction cost of $2,146,200. DISCUSSION Santa Ana's West Reservoir and pumping station was originally constructed in 1963 (Exhibit 1). The facility includes a 6-million-gallon steel reservoir with five electric motor driven booster pumps used to supply potable water to the City's distribution system. All equipment and piping is currently located outside and the site secured with a chain link fence. The pumping equipment is worn and deteriorated from years of operation and exposure to the elements, and the electrical panels and wiring are old, obsolete, and operate inefficiently. Additionally, the site pavement is badly deteriorated. The project would provide for replacement of the pumping and electrical equipment, construction of a pump station building, and reconstruction of the site pavement. The Notice Inviting Bids was advertised on March 24 and 26, 2010, and bids were opened on April 28, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 34 Bids received: 10 .Bids received from Santa Ana Contractors: 0 23E-1 Contract Award For West Pump Station Facilities Upgrade June 21, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. F. T. Ziebarth Company Fullerton $1,717,700.00 2. Pacific Hydrotech Corp. Perris $1,783,900.00 3. Environmental Construction, Inc. Woodland Hills $1,873,779.00 4. Cora Construction, Inc. Palm Desert $1,887,000.00 5. Pascal & Ludwig Construction Ontario $1,958,922.00 6. Socal Pacific Construction Corp. Lake Elsinore $2,016,000.00 7. Schuler Engineering Corp. Corona $2,024,495.00 8. Fleming Environmental, Inc. Fullerton $2,097,662.00 9. States Link Construction, Inc. Huntington Beach $2,105,662.00 10. SCW Contracting Corp. Fallbrook $2,109,423.00 A total of ten bids were received and all were responsive. The lowest bid was submitted by F. T. Ziebarth Company, for $1,717,000, which is below the Engineer's estimate of $1,875,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption No. 2007-65 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,146,200 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647-66301). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~ Raul Godinez I Francisco Gutierrez Executive Direc or Executive Director Public Works Agency Finance & Management Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 23E-2 i I I iIi I 22 WESTMINISTE AVE 0 ~ > ~ ~ m 1ST ST z o: o o ~ • ~ a 0 J n- ~ PROJEC LOCATION (WEST PUM STATION AND RESERVOIR W w z McFADDEN AVE PROJECT LOCATION Npi i0 SCKE EXHIBIT I p,?t0/y SQNIA ANA Title: m°~ ~s~ L1 ~i~ COU"1C11 r F A Agenda Date PROJECT °05-3195 ~ J~.,ne 2t.201fG WEST PUMP STATION FACILITIES UPGRADES Aec wou.5 ~uuHC. i 23E-4 FUNDING ANALYSIS PROJECT NO. 053195 WEST PUMP STATION FACILITIES UPGRADE Construction Contract $1,717,000 Contract Administration $67,500 Inspection and Testing $190,000 Contingencies $171,700 TOTAL ESTIMATED CONSTRUCTION COSTS $2,146,200 Exhibit 2 23E-5 23E-6 REQUEST FOR ®.n_;,,r COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED AMENDMENT TO AN AGREEMENT FOR ? As Recommended INFORMATION TECHNOLOGY AND ? As Amended ? Ordinance on 15t Reading COMPUTER SUPPORT SERVICES ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For a CONTINUED TO ~ . ~ l~~'•-~----~- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Sapphire Technologies, subject to non-substantive changes approved by the City Manager and City Attorney, in a fiscal year amount not to exceed $192,000. DISCUSSION The technological advances being implemented by the Fire Department has created the need for expert staffing in the field of information technology and computer support services. In July 2006, City Council approved an agreement with Sapphire Technologies, and has amended the agreement each fiscal year since then. Fire Department continues to have a need of the computer support services that Sapphire provides and is recommending approval of an amendment to the agreement for FY 2010/11 in the amount not to exceed $192,000. FISCAL IMPACT Funds are budgeted in the Fire Department, Fire Information Technology, Contract Services - Professional account (account no. 0111534062300). APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas Francisco Gutierrez Acting Fire Chief Executive Director Fire Department Finance & Management Services Agency 25A-1 25A-2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 30 day of June, 2010 by and between SAPHIRE TECHNOLOGIES LLC, a Delaware corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: 1. City and Consultant entered into Agreement N-2006-055, dated June 6, 2006, (hereinafter "said Agreement") by which Consultant has provided information systems and technology staffing services to the City's Fire Department. 2. In accordance with the terms and conditions of said Agreement, the parties wish to continue the term of said Agreement for an agreed upon compensation to provide continuous uninterrupted services by Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to provide compensation of $192,000.00 to pay for information systems and technology staffing services during the term from July 1, 2010 through June 30, 2011. Consultant shall continue to perform those services and accept payment as set forth in Appendix A of said Agreement. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City and Consultant have executed this Third Amendment to Consultant Agreement on the day and year first set forth above. ATTEST: CITY OF SANTA ANA Maria D. Huizar, Clerk of the Council David N. Ream, City Manager APPROVED AS TO FORM: SAPPHIRE TECHNOLOGIES LLC Joseph W. Fletcher, City Attorney By Joseph Straka Dan Cordero Assistant City Attorney Regional Manager 25A-3 2 5A-4 REQUEST FOR F: COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AGREEMENT AMENDMENT FOR ? As Amended ? Ordinance on 15f Reading LIBRARY AUTOMATION SYSTEM ? Ordinance on 2"d Reading SERVICE AND SUPPORT ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached agreement amendment with The Library Corporation, Inc. to provide database subscription service and maintenance in an amount not to exceed $31,307, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 16, 2003, the City Council approved an agreement between the City of Santa Ana and The Library Corporation, Inc. (TLC) to provide a library automation system. TLC provides the Library with a web based client server that manages our library cards and maintains an inventory of books in stock and checked out. The system offers integrated library automation, which provides increased functionality for staff and ease of use for patrons. The database subscription service and maintenance will continue to provide uninterrupted service to the Library and its patrons. This service includes telephone support, licensed software updates and enhancements, staff training, online access to cataloging resources, and enhanced content databases. These services enable staff to better serve the public and perform their jobs efficiently. The agreement is for the period of July 2010 through June 2011 in the amount not to exceed $31,307. FISCAL IMPACT Funds are available in the Library's Technology & Information Services account (01111190 62300). APPROVED AS TO FUNDS AND ACCOUNT: ~ ~ (`S~cni ~ / 7 Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 25B-1 25B-2 SEVENTH AMENDMENT TO AGREEMENT THIS SEVENTH AMENDMENT TO AGREEMENT ("Amendment") made and entered into this day of June, 2010, by and between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, ("TLC") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City"). RECITALS: A. On December 3, 2001, the parties entered into Agreement # A-2001-238, by which TLC has provided a library automation system for City. The Agreement was extended and amended by Agreement Nos. A-2001-238, A-2003-111, A-2004-191, A2005-269, A-2007-229, A-2008-267, N-2009-107. B. In order to provide continuous uninterrupted service, the Parties now desire to extend and amend the Agreement to increase the compensation to pay for an additional one-year database subscription service and maintenance in an amount not to exceed $31,307.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: 1. The compensation for the Agreement shall be increased by an additional $31,307.00 to pay for database subscription services and maintenance for the term through June 30, 2011. 2. Except as hereinabove modified, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to Agreement the date and year first above written ATTEST: CITY OF SANTA ANA: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager [Signatures Continued on Next Page] 25B-3 APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney The Library Corporation, Inc., By: (Name): (Title): 25B-4 REQUEST FOR . COUNCIL ACTION L CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED As Recommended AGREEMENT WITH FIELD TURF INC. As Amended Ordinance on 1S` Reading TO UPGRADE THE SYNTHETIC TURF Ordinance on 2"d Reading SPORTS FIELD AT SANTA ANA Implementing Resolution STADIUM Set Public Hearing For CONTINUED TO E - - FILE NUMBER COY ANAGER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Field Turf Inc. to upgrade the synthetic turf sports field at the Santa Ana Stadium in the amount of $125,000, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Receive and file Categorical Exemption for Environmental Review Nos. 2010-79(SA Stadium). DISCUSSION Every summer, to get the field in the Santa Ana Stadium ready for the football season, the City would spend $50,000 to re-sod the natural turf. On May 2007, the City of Santa Ana completed the installation of a $1.5 million synthetic sports field in the Stadium. The synthetic field has tremendously increased field usage by the soccer community and eliminated the need to close down the field for renovation. Field Turf, the supplier of the synthetic turf, provided an 8 year warranty on the product. Field Turf is an industry leader and highly respected synthetic turf manufacturing company that installs fields in many professional and NCAA Division I football stadiums. Recently, Field Turf inspected our Stadium turf and noted that the monofilament fiber is deteriorating faster than normal. Field Turf indicated this deterioration was due to a particular batch of monofilament fiber material that was provided three years ago. 25C-1 Agreement with Field Turf June 21, 2010 Page 2 of 2 Field Turf is offering to replace the entire synthetic field free of charge using Field Turf Duraspine. The current 8 year warranty would continue for the remaining 5 years. They also offered the City an option to upgrade the synthetic turf with Field Turf Duraspine PRO, for $150,000. Durspine PRO is Field Turf's third generation product, which is more durable and enhances playability. After the City Council directed staff to re-negotiate the price, it was established that the City would pay for a material difference of $125,000 and a new 8 year warranty period will start upon completion of the project. Removal and replacement of the entire synthetic turf field will take approximately 6 weeks and is scheduled to start on July 6t" and be completed on August 16, giving us a 2 week cushion before football starts at the Stadium. If the City were to replace the synthetic field outside the warranty, the estimated cost would be approximately $500,000. Replacing the existing Stadium logo with the official City logo is not possible because the details of the logo can't be produced on synthetic turf. Substituting the existing Stadium logo with a simple version of the City seal, similar to the seal version shown on the City Hall lobby floor is an alternative (Exhibit 1). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2010-79 (Santa Ana Stadium) will be filed for this project. FISCAL IMPACT The funding for this project is available in the Capital Outlay Fund, Improvements other than Building Expenditure account (no. 05113263 66220) from old cell tower revenue at the Stadium. APPROVED AS TO FUNDS AND ACCOUNTS: ,emu Gerardo Mouet Francisco Gutierrez ~k~, Executive Director Executive Director Parks, Recreation and Finance & Mgmt Services Agency Community Services Agency 25C-2 _ - _ _ ~ Q _ i_ - 1 1 N = = O _ _ W - = O O - - M - - ? a .P = = O Qua ~ _ d ~Q ~ ~ Cr' a- - o O ~ ~ ~ _ 7 - 7C ~ - - w = = O ~ _ _ ~ _ = O O - - ~ - _ ~ _ = O ~ - - _ _ 25C-4 _ _ _ _ ~ O = _ ~ - - ~ N = = O _ _ ~ W = = O O - - M ~ _ _ ~ ~ .P - = O - ~ _ - - ~ - - - ~ ~ Cn s~ ~ ~ O ~ ~ - - - - ~ ~ - - ~ - - - W = = O U ~ - - ~ _ = O O - - ~ _ _ ~ - - _ = O _ _ 25C-6 REQUEST FOR ~„R COUNCIL ACTION ~a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED AGREEMENT AMENDMENTS FOR ? As Recommended MERCHANTS LANDSCAPE AND MASTER ? As Amended ? Ordinance on 15S Reading LANDSCAPE FOR MAINTENANCE OF ? Ordinance on 2nd Reading CITY PARKS ? Implementing Resolution ? Set Public Hearing For ~ CONTINUED TO .f f`,~' f FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Merchants Landscape Services to provide landscape maintenance services in Park Maintenance District 2, in an amount not to exceed $756,351, subject to non- substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Master Landscape and Maintenance to provide landscape maintenance services in Park Maintenance District 4, in an amount not to exceed $666,310, subject to non- substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City of Santa Ana has for over 20 years contracted landscape maintenance for bike trails and street medians. Since July 2007, Merchants Landscape and Master Landscape have been providing landscape services in Districts 2 and 4, respectively. The City currently contracts for park landscape maintenance in all four park maintenance districts, which include parks, bike trails, the Civic Center, the Stadium, and the Zoo. Merchants Landscape currently maintains the properties in District 2, including the Civic Center and Stadium (see Attachment A). The City proposes to exercise the second of four one-year options with Merchants Landscape Services for the period of July 1, 2010 through June 30, 2011. The annual base contract cost is $696,395, and an additional $59,956 is included for unanticipated work resulting in a total annual contract amount not to exceed $756,351. In addition, the City proposes to exercise the second of four one-year options with Master Landscape for the period of July 1, 2010 through June 30, 2011. The annual base contract cost is $634,581, and an additional $31,729 is included for unanticipated work resulting in a total annual contract amount not to exceed $666,310. 25D-1 Park Landscape Agreement Amendments June 21, 2010 Page 2 FISCAL IMPACT Funds are available in the FY 2010-11 Park Services M&R Buildings and Grounds account (no. 01113250 62320) and the Civic Center Maintenance M&R Buildings and Grounds account (no. 07413250 62320). t APPROVED AS TO FUNDS AND ACCOUNT: ~4Sbt~ ~r~, 1 ~ Gerardo Mouet, ~ Francisco Gutierrez, „ Executive Director y~y Executive Director ` Parks, Rec. and Conj. Svcs. Agency Finance and Mgt. Svcs. Agency 25D-2 Attachment A District 2 Properties 1. Angels Park 2. Birch Park 3. Cabrillo Park 4. Cabrillo Tennis Center 5. Fisher Park 6. Mabury Park 7. Morrison Park 8. Portola Park 9. Santiago Park 10. Santa Ana Stadium 11. Civic Center District 4 Properties 1. Adams Park 2. Centennial Park 3. Friendship Park 4. Jerome Park 5. Memorial Park 6. Thornton Park 7. Windsor Park 25D-3 25D-4 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into as of this day of , 2010, between MERCHANTS LANDSCAPE SERVICES, INC., a California corporation (hereinafter "Contractor"} and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement A-2009-053 dated May 18, 2009, (the "Agreement") by which Contractor provides ceztain park and landscape maintenance services at various locations in the City of Santa Ana, as amended. B. The parties wish to further amend the Scope of Services and Compensation of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, excluding the Santa Ana Stadium and Civic Center but including El Salvador Park, as set forth in City's Request for Praposa109-006, dated Febzuary 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. Notwithstanding the foregoing, Contractor shall include the Santa Ana Stadium and Civic Center within the services covered by this Agreement for the months of October and November 2009, unless as otherwise amended. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $696,395, plus a contingency for unanticipated expenses in the $59,956, for a total amount not to exceed $758,351, during the term of this Agreement." I 25D-5 3. Section 4, TERM shall deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2009 and terminate on June 30, 2011 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to three additional one-year terms at the sole discretion of the City." 4. Exhibit A, Subsection 2.C.l.h.} (2) shall be amended to read as follows: "(2) Once per month the Contractor shall overseed with materials as directed by City Staff with at a rate of one (1}pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. 5. Exhibit A, Subsection 2.C. 2. c.) shall be amended to read as follows: c) Fertilization The Contractor shall fertilize ail groundcover areas three {3}times per year in March, June & September at two (2) pounds of actual nitrogen per 1,000 square feet using a slow release fertilizer using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. 6. Exhibit A, Subsection 2.C. 3. d.) shall be amended to read as follows: d) Fertilization The Contractor shall fertilize all sluub areas three (3) times per year in March, June & September using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. 7. Exhibit A, Subsection 2.C. 15. shall be amended to read as follows: 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and provided to the Contractor by the City in writing. Contractor may elect to extend a credit to the City for work not scheduled. The City may use the credit for laboz•, materials, equipment or substituted work. 8. Attachment No. 1 to the Agreement shall be amended to delete reference to El Salvador Park and numbers of maintained facilities modified accordingly. 2 25D-6 9. Attachment No. 3 "Agronomic Plan" to the Agreement shall be amended to read as set forth in Attachment No. 3 to this Amendment. I0. Attachment No. S "Annual Color Planting" shall be amended to provide the following schedule for work to the be completed: Suznrrzer-First Week of July Fall- First Week of October Winter-First Week of January Spring-First Week of March 11. Contractor shall provide Extra Greens Maintenance as set forth in Attachment No. 1 to this Amendment. 12. Contractor shall include maintenance of the Cabrillo Tennis Center-TwissBassler House planters depicted in Attachment No. 2 to this Amendment in accordance with standard specifications for planter maintenance. Additionally, Contractor shall no wash the courts at the Cabrillo Tennis Center. 13. Attachment No. 7 to the Agreement "Plant Cap" shall be amended to read as set forth in Attachment No. 4 to this Amendment. 14. The following additional terms shall be added to Exhibit A to the Agreement. 1. Replanting -Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of 2" plugs of plant species at appropriate spacing so as to achieve complete coverage once the plant is 2l3rds mature. The Contractor shall be responsible for the complete removal and replacernent of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this is Agreement City is responsible for cost of replacing plants lost to vandalism; however Contractor must prove that it was vandalism that killed the plant. See Attachment 7, as amended, for plant cap. 2. Replanting -Shrub The Contractor shall plant each year in any area determined by the Director, 1 gallon shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2l3rds mature. The Contractor shall also be zesponsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. 3 25D-7 15. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: JOSEPH W. FLETCHER GERARDO MOUET City Attorney Executive Director Parks, Recreation and Community Services Agency MERCHANTS LANDSCAPE SERVICES, INC. Name: Title: Tax ID# 4 25D-8 SANTA ANA LAWN BOLWING GREENS Extra Greens Maintenance We are focused on the follor~~ing elements for the contractor: i. Cutting schedule of Monday, Wednesday and Friday. This work to be carried out during the months of May, June, July, August and September. Tuesday and Thursday only schedule in October, November, March and April. Weekly cut in December, January and February. Standard Height of cut to be 3/32 in growing season, and 5/32 in winter months. Cutting to be in a different direction each time greens are cut always on an angle. 2. Grooming of greens to be on an every aid week schedule starting in March and ending 2Rd week of September. Groomer to be set at between x/3z "and x/i6~h above ground level. Grooming to remove Poa and root crown from Bermuda. There should be a minimal amount of thatch on reen surface. g 3. Solzd 1/a fining 3rd week of March and July, alternate years hollow 1/2"fining to 3" depth {July). 4. Scarifying or deep verticutting only as directed by Greens Chairman. 5. Greens to be rolled on Tuesday and Thursday in horizontal (up and down) direction. 6. Fertilizer schedule TBD. Low Nitrogen on'ShTest green spring aiid fall to prevent "Brown Patch". Water schedule; No irrigation December, January or February. z day a week schedule in months other then July and August (3 day). Deep soak areas were excessive drying occurs. 8. Top dressing to be applied by spreader, also in lo~v areas. Green to be kept as close to x/i6t~ level over surface. Sand per USGA green spec Silica. g. Ditches to be kept level and free of vegetation, Edging to be to ditch face of "Plinth" boards. The objective for the bowling green is Level, smooth & hard ~~~ith consistent short vegetation coverage on entire playing surface. The color of the surface should be a combination of green and brown. V1Tinter months greens twill be in brown dormant state. Brushing the surface versus cutting may be more applicable. ~I Attachment 1 . 25D-9 i I i I rY yT1~e~~7 ~ s_ ~ E ~ , ~ ~ P4°1 ~ - I - y~ r i < C7 E ~ ~ ~ E E i E ~E-- E _ ~y E E x I E E ( < - t E E 4 E - ( ' \ -1 ~ ~ ~ ~ ~ - rn D ~ ~ - D f. ;v D ~I(~nent 2 l- . • to to in to Mtn in an M .r e-< i-+ 0p N N H ~O N N r+ w d' CO OG ~ .-i to N N to ~ fV N ~ N N ~ O i!1 N r"~ O Ln d` O O ~-1 r-1 O O O 1f1 .-t rn y to O O O O O ~ ~ ~ ~ ~ + f m M ~ ~ ~ C o ~ s. .~O a~.a~.a~.a M zz:~z o ~ a~i c~'"i v a;"i ~ ~ O o 0 0 0 0 ~ N ~ ~ o~ o o ~o e q~~ C c7 N ,.aa c~ d0' O N~~ ~ o o N~ ~ C v tqi v v d~ o ~ Q Q C v o N o s o ~ ~ ~ ~ ~ y b r ~ ~ .r y .y y 'rn ~ W CCp N ~ C Q A v v C7 aki to H f'n `O N p. ~ z Zaa~Z ICH~F'E-' ~tpNV v•vy tV ~ v v0'". p F.' 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O A. d a O q ro Q O ~ cn v> A ~ ~ ro ? , ~ ~qq y ro ..:.a v v v, ro ro ~ oZ! d d d d RI ~r R ~ cAv ~ C Fi o ~ ti. ~ ~ C ~ ~ ~ C ~ V b 'ri C G ro ~ ro ~ ~ ~ ~ C ~ d `ats.d ~O~d S°dOaS~ ~tnA ~ ro rodd~~ ~~d p~~ a~~QZ ~ ~ N M 'd' to ~D c•t N M N M d' ~ H ~ ~ a v ~ ~~~_I~r~ent 3 O to N s.f) L!1 6A to er ~ ~ LA ~ N O ~--1 'd' ~O to ~O d ~D ~ ~ O O O O M C ~-i 'p ~ ~ M .--1 N ~ ~ y O O O ~1 D O C ° 3 o ~ u t7 c~~ a~ e c Q O u N 'p C 00 O yy _ ~N V} Q/pL., Gir.CL c~ V ~ x .a~cN ..U s-w 3 ~ o~ id ~ ~ c ~ aoi a~i o v d "3 ~ 0 ~ m ~ ~ ~ ~ ~c.7c~aamcn cr.0.C]CGC1G ~~E-~~ d.~'is7G. a~[zl ~ o o o ° ° o ~ ~ o ° ~ G p ~ ~ ~ ~ ~ ~ y O G V ~.7 N ,OU u O ~V ~-1 p~ ltf o O d ~ w ° ~ o~ p o° m ~ N o _ a s°~v~~ 'ov v3 0° ~os• n 0 0 0 0 H G i0 O Q W N V 0 0 G.1 ~ ~ N ~ q o °u v v u ~ G N h G V 'Cf N ~ ~ N ~ ~ V e~1 O t~ !6 y ~ 'O ~ ~ .b o ~ss ~ ~ A is ~ ~ ~i ~i ~a °v o ° e, y ~ ~ ~ y 4~ '033330 ~°'ohy ~~~~°aoo '~o ~n y v ~ ~ ~ a~i '4 a~i ~ ~ ~ c a ~ ~ ~ o o ~ ~ eo y~,o,ca~i myoa,v ~a,doo3a ~ a, d O ~ Q~ N p O O Q1 a~i~°'vm daai ~~e~~ 'S ~vvo~ ,w, ' 8 ~ ~ ~ ~ d a ~ a~ a~ ci y ~'i ~ ~ ~ o ~ ~ eat '~~a~~v vc .''i~aRv v :c>yy,~a,3;o3~, o ~ ~wa~aao a°s~v,n°. n°. ~o~S~3~°.a t~... ~ a o c7 .a a ..a ~ ..a a c7 a a ~ .a a ..i a .a a a ~ ~ o ~ ~ o ~ 'd ~ „ ~ H ate, o O ~ ~ ~ .c v' V w ~ ~ ~ ~ ~ N ..r 'rJ u b 'CJ b T3 ~ p. p p ~ ¢ ~ ~ 'O ti ~ ~N ~ b b ~ b s. ~ K ~ h ~Q~ `~~n t°cn:4. .4~~Q mZ m'°~~Q~~Q tS v v ~ Z .-•m ~Ytn.fl~ ~ ~ Nm d'tr~ x ~ O~ ~ ~ ~ ¢ 25D-12 Plant Cap -District 2 Attachment No. 7 Ground Shrubs, 1 Cover 64 Vines, 1 Site 2" Plugs Gaf Ct Fit Gal 1 Angels Park 150 38 Q 38 2 Birch Park 0 188 37 37 3 Cabrillo Park 0 112 4 150 4 Cabrillo Tennis Center 375 188 0 0 5 Fisher Park 150 150 0 75 6 Maybury Park 375 225 0 150 7 Morrison Park 150 112 0 8 Portoia Park 150 112 0 150 9 Santia o Park 750 375 75 150 10 Santa Ana Stadium 2000 200 0 50 11 Civic Center 2000 500 200 0 Total Aistrict 2 6100 2200 312 800 i' i ~t~l~ent 4 25D-14 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on June , 2010, between MASTER LANDSCAPE & MAINTENANCE, INC., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement A-2007-140 dated June 18, 2007, hereinafter referred to as "said Agreement" by which Consultant provides park landscape maintenance services. B. Said Agreement was twice amended by the parties. C. In accordance with the terms and conditions of said Agreement, the parties wish to again amend said Agreement to extend the term and modify the specifications for maintenance of the City Parks. WHEREFORE, in consideration of the covenants contained in said Agreement, and . subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. The SCOPE OF SERVICES, shall be amended to add a new Agronomics Plan attached hereto as Attachment NO. 1 to this Amendment. 2. SCOPE of SERVICES Subsection C. Routine Maintenance, 1. Turf Care, i) (2) shall be amended to read: (2) Once per month ~~°r ~°°a:.,n r the contractor shall overseed all sport/priority turf areas with materials as directed by City Staff at a rate of one(1) pound per 1,000 square feet by mowing the existing turf down to 1/4" followed by verticutting (straight blades) to remove thatch. 3. The following duties shall be added to the Contractor's duties under the Scope of Work: A. Replanting -Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of 2" plugs of plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this is Agreement City is 25D-15 responsible for cost of replacing plants lost to vandalism; however Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. B. Replanting -Shrub The Contractor shall plant each year in any area determined by the Director, 1 gallon shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. 4. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended under this Agreement, including a five percent contingency amount, shall not exceed $666,310 during the 2010-11 fiscal year. 5. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on June 18, 2007 and terminate on June 30, 2011, unless terminated earlier in accordance with Section 12, below. The terms and conditions of said Agreement may be extended for up to two additional one-year periods, at the sole discretion of the City." 6. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager 2 25D-16 APPROVED AS TO FORM: MASTER LANDSCAPE & MAINTENANCE, INC. JOSEPH W. FLETCHER ROBERT WHITECOTTON City Attorney President 3 25D-17 Ln Ltd In lf} M M i.f) lf) U') LA LA 00 00 00 ~ W N N .--I ~Q N N H ~ d' W Op try a--I Lf] h7 N N N N M N N .--i M t.!) d~ M M .--i .-i p G~/f H y O O O O C O O O O O O O O O O frnl rVfl tWnn t a7 ar ~ + ~i7 N O ~ ~ ~ O O t. 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LL O h cC ~ 'Lf TS b~ L b O O ~ ar Gl O ~ d ~ O. 6~ d 4J 61 01 OJ C C C O C C N O OJ 0 o a Q ~ ~ ~ ~ .p ~ v ° a „ ° ; a~ a~ O c 3 0 ~ C ° V O O u 0 v v V a~ " u u C ~ O L ~ O C C v u u ~ C V C C ~ 'O tC .C . v ~ C v C C C~ a~ w o~ ,0, ~ O~ O ~ C v O O L ~ O O N N y i, y ~D oLD a.+ O V rtl C \ N ~9 ~ L N O O GJ G! O d v~ d cU ~ O O O~ A v f0 ~ ° a~ ~ E E ~ o_ ~ ~ ~ v a~i ~ ~ ~ ~ ° y v ss. o io y u N y y ~ ~ C c~c7a ~rsn.aa.n.0 ° a°n`.vi a° °c°o ¢O~ a°.o'°, o C7 -p m ~ 0 a ~7C7..~ FC7.~aaav ..~ac7a a aaa a,aa as .-~a C 0 y a m ~ O f,, a y D a~i s, aLi cv ca, ~ 'v ~ Z y N o v v ~ a' ~ ~ V' Q C a ¢~i s 'G su- ~ a~i v ~ a~i ~ ~ ~ a cn cn A a v o .o o ~ ~ ~ cv -o 'o 'o ¢ -O F"" y cWa ~ C O O Z a+ R y ~ O ~ ~ to Rf y C p C C ¢ ¢ ¢ ¢ ¢ ¢ G'3 V ~ aLi ¢ H M d' l.A ~O h C .-1 N M d' Ln y z z x x cn .E- n. 25D-19 25D-20 REQUEST FOR COUNCIL ACTION ~~I CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED AMENDMENT TO AN AGREEMENT FOR ? As Recommended GEOFILE DATASET MAINTENANCE ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For ? ~ CONTINUED TO /~i L/~2~-c FILE NUMBER CIT MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with GIS Data Resources, Inc. for the updating, enhancing and maintenance of the Santa Ana Fire Department geofile datasets, in an aggregate amount not to exceed $52,500. DISCUSSION On February 20, 2007 the City Council approved entering into an agreement (A-2007-044) with GIS Data Resources, Inc. (GDR). GDR has ahigh-quality geofile which is used in the Santa Ana Fire Department's computer aided dispatch (CAD) system. Amending this agreement ensures the Fire Department's CAD system has the most accurate information, and that our CAD system continues to run seamlessly. Agreement A-2007-044 for $115,000 is being amended to extend the agreement for FY 2010/11 at a cost of $52,500. FISCAL IMPACT Funds for FY 2010/11 are available in the Fire Department's Information Technology, Other Contract Services -Professional account (account no. 01 1 1 534062300). APPROVED AS TO FUNDS AND ACCOUNTS: , o ~ David Thomas Francisco Gutierrez Acting Fire Chief Executive Director Fire Department Finance & Management Services Agency 25E-1 25E-2 F~L~~~rx ~~.ti'il~~r~~~l~r T~ ~GUE~~~:l~..~T "1`lii5 11:~1.RTI-[ r'~~~1"~1~:'1t1;1~"i" "1't~ ~1~itE~i~1E~`T is ~:ntered rota an June; 30, 2{)1{), ~ a~~d bet~~~e:an C:iIS Bata Resaurces, a C;alifaz~~ia carpc~ratic~n (4.GI31~.") and the +City cif Santa:~na, a charter cif}' and municipal. carpc~r~~tic~n aftl~e Mate af=Calitarnia "C: ity''~. l~lw:Cl"[`:~L~: 'I"he parties entered rota :~~reerrtent ==~~-21}07-~, dated Januar~:~ 26, 2007, (hereinafter `'said .'~~reearzt"~ by ~~~hic UDR. has pra~•id,d r~ai~~tenancc: and support t~fth~; till data tracking; saltware catai~~in~ the public s~l;t~ geafile. `T`here hay-e been three sttbse:ciuent ~mendmer~ts to said ~~reement e~:ta~~din~ the tann thcrcaf= and tl~e campasatian paid and addin{~ additional sarx-iccs to be pra~•ided by GI~R. 13. isa accordance ~~-ith thy; terms anti caditias of said .1~recment, the parties wish try ~:etend the term af'said a~re;e~na~~t at an agreed upon eapansatian to provide maintenance and ~uppart during the extended tern. 1~ lll:Rll~1JRl. in consideration vf=te cap-rsnants contained in said !'~~.reen~ent =:1-:201}7- 0~~ as previously amended, anti subject to all the terms anti canditians ofsaid r~{~reeme.nt as amended, except thaw amended in this l~ocu•th amendment to ~~c•e:ament, the parties agree. as ft~ila~~s: l . ~ectic~n 1, "17elintions", seibsectioi~t (a}, '`Statement of ~~'ark'` ar "SC3~~%„ shall tie amended to add the: fallau~in~: ".l~ar the term af` this contract axtansian= i.a., Jule l , 2010 thrauh June 3t)=Z01 = the: ~iC)t~' shall consist afthose scr~,~icas as set earth iii tl~e `:l'roposalll~°'ark Order' ~c~. 2l l2Q dated 3:'18>%i{) as attached herein as 1~xhbit `l~' and it~carporated herein by reference, as ~~-ell as any other an~oin~ services under the ari~,~.inal .~~reeme"nt -=~~-21}f)7-CJ=i as wall as any ~~mendznents thereto.=, Sectial~ ? (a) shall ba amended to state that the compensation far maintenance and. support oFthe Ulf ds~ta tracking saft~are as set forth in the SU1~r shall net exceed S52S00= as sat earth in exhibit "1°'= hereto. if the City Council fails to aliacate funds ft~r the sc~ftuare ~naintenanca and support in the annual. Santa Ana Dire I~~partant bud~at, said ~.lree~n~;nt shall terminate a the canclusian ol'te farm and shall z~at autanlaticaliv ranee- for anathar c>n~-year term. Section 3, ~l i;;R.'~1. shall bL ame:nde:d to extend the term of the t°~~reament tc~ be Jul~• 1, I f) tc~ une :~1~. 201 i ,subject to the C`ouncil's appra~~al of funding far the I 0-201 i fiscal year. as set. forth in Section 2{a), above. 25E-3 4. Except as hereinahove amended, all terms and conditions of said Agreement shall remain in full. force and effect. IN WI"I"NhSS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: Maria D. Huizar DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: GIS DATE RESOURCES, INC. JOSEPH W. FLE"I'CHER City Attorney ~ f j~ ~ y l HY~ HO~~~?YAN HELEN DUAN Joseph Straka President Assistant City Attorney 25E-4 o + ~ ,.rs. x G15 Data Resources, Inc. Proposal 1 Work Author'r~stian 2912Q GDR C?#fics: Date: 3l18t10 X ss iig;;al '~;we, 5ie 2~, Rlov~t~, CA ~4~49 -Ts[ (415; 884A437 FAQ {+745) 884-407 2«~ East Geddes Place. ^.eni2r;ria1. CO. 8(#422 • ':eI t303;'7o-ta41 F~7S 3t33i 77fl-9~A1 Job Name: Santa Ana Fire GDR Rsp: Tony Alsx, Executive Vice President Customer: Santa Ana Fire Address: Santa Ana Contact: C}avs Tamer (7141 395-957 Phone: E-Is~iait: DTums;. -sarfa-ara,cr~ Project Description: One year of 4 quarterly maintenance updates and lease of the previous build of the public safety geofils for the City of Santa Ana, GA Fire Bepartment. File to he Tritech GAD and AVt. oomptiant. Slate Plans Gr~~ Spatial Extents: A one mile Duffer around the Clay of Santa Ana Projection: 3TBD Project tlaundary GiS file: Zone: 'TBt~ Units: TBC? Delivery Schedule Dates: Initial: TBO t3atum: TBD Finat: T8C3 Spheroid: THC} Data Source Data Set Type GounEylCity CAC3 Vendor CTthsr GDR Deliverable GosL Streets Lines j 1 RailroadsLines Police Boundaries Polygons ~ ~{ydrology P'©Iypons i tatty Boundarl~es (Polygons ! i 5 mile Duffer Lines ~ Fire Boundaries Polygons I i Parcels Polygons Addr2sapninis Points Imagery Tiff ' I Routing AtfriPaufes Attributes Building Footprints Polygons ] Tov~ng Boundaries iPOyygons SIP Cods Polygons ~ ~ Hyde nt Points , R11~U 3Po+nts ! ~ 1 , Consumer & Business iData Common Place iGeacode i ' Ahiscsllansrrus j ~ I tvlaintenance: `t year maintenance ~ ~ S34,(l~iLp{l Annual Lease t7iscounied ~1 year only as per Mark Albrectst) $18:5£lt}.QB i i Total Cost 1 year ri4aintsnancs (Four quarterly maintenance cycles In 3 month intervals} $52,5otl.Og Terms of License: flee GDR's End-user License Agreement amntenanse: See above Payment Sehedule: L}ue upon rer.,eipt Price Valid Until:: payment Terms: Due upon receipt Note: Delinquent accounts will tls subject to a late fee of 2% per month. C,IS t7aia Resources, inc. Jur£adlstfan: Name; Ttsn~Aiex Name;. Title: Ex. Vice Presidastt T"Rle: By: Ely: LSate: 3ft8120i0 I}a~g, Pricy valid for SO days 25E-5 i 25E-6 REQUEST FOR COUNCIL ACTION ~-'r~.= CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT FOR ? AsAmended ? Ordinance on 1u Reading TEMPORARY ENGINEERING AND ? Ordinance on 2n° Reading TECHNICAL SUPPORT SERVICES ? Implementing Resolution ? Set Public Hearing For ~ CONTINUED TO ~,..~'--"S ~~C~c-. FILE NUMBER CI MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a third amendment to the consultant agreement with PDS Technical Services for temporary engineering and technical support services, increasing the agreement amount by $112,500 for a total agreement not to exceed $562,500 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In October 2009, the City Council approved an amendment to the agreement with PDS Technical Services for temporary engineering services. These temporary services will augment services provided by City staff and are required to complete the design of the City's Capital Improvement projects due to funding deadlines. PDS has been providing contract temporary staffing for several positions in the Public Works Agency due to the inability to fill vacant positions caused by the hiring freeze. Work performed by the temporary staff includes assistant engineering and grant oversight for several projects with critical delivery schedules, including the Residential Street Repair Program and the various Bristol Street Corridor projects. The current contract will be exhausted by the end of June 2010. Staff recommends approval of an additional $112,500 to allow services to be provided for an additional six months, or through December 2010. This will enable the City to complete projects funded in the Capital Improvement Program. Staff will prepare a Request for Proposal to solicit for a new temporary engineering services contract to commence at the completion of the existing contract. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F-1 Amendment to Agreement For Temporary Engineering and Technical Support Services June 21, 2010 Page 2 FISCAL IMPACT The proposed amendment will have a limit of $112,500 for a total amount of $562,500. Funds to pay for the Design Engineering services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Direc Executive Director Public Works Agency Finance & Management Services Agency RG/ML I Exhibit 1: Amendment to Agreement 25F-2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on June 21, 2010, by and between PDS .Technical Services, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2005-266, dated November 7, 2005, (hereinafter "said Agreement") by which Consultant has provided on-call technical and engineering labor services. B. In accordance with the terms and conditions of said Agreement the parties wish to provide additional compensation to allow for continuous uninterrupted services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to provide an additional $112,500 for services to be provided at the rates and charges set forth in Exhibit A to said Agreement. The total amount to be expended pursuant to said Agreement shall not to exceed $562,500.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. i~ ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER PDS TECHNICAL SERVICES City Attorney By: Laura Sheedy (NAME) Assistant City Attorney (Title) 25F-3 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AGREEMENT EXTENSION FOR STREET ? As Amended TREE MAINTENANCE SERVICES ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO .J / `~4`""'-'_~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve an agreement extension for one year with West Coast Arborists, Inc. for street tree maintenance services in an amount not to exceed $865,350 for FY 2010-2011. DISCUSSION The City is responsible for the maintenance of approximately 65,000 street trees. The Public Works Tree Section arranges for the pruning of a predetermined number of these trees annually based on International Society of Arborists standards. The work performed is a component of the City's tree management program and is planned based upon the tree species pruning cycle. Since 1997, the City has utilized the services of West Coast Arborist (WCA) to provide street tree maintenance services. The City and the contractor have had an excellent public/private partnership over the term of the contract working with neighborhoods and the community on tree care issues. The cooperation of WCA with City staff to implement a sound tree maintenance program was instrumental in the recognition of the City by the National Arbor Day Foundation as a Tree City USA. In June 2004, the City Council approved afive-year extension with West Coast Arborists, Inc. to provide general maintenance services for the City's urban forest. This extension included a provision for four additional one-year extensions. The existing agreement includes annual CPI increases for costs each year. The scope of services includes trimming, planting, and removal, stump grinding and emergency callouts. WCA recognizes that municipalities remain challenged by substantial reductions in revenue and increased operating costs and therefore have agreed to perform tree maintenance services under the same conditions with no increase in price, for Fiscal Year 2010-2011. For FY 2010-2011, services will be provided to programs in the Public Works, Community Development and the Parks, Recreation and Community Services Agencies for a total not-to-exceed amount of $865,350. West Coast Arborists, Inc. has successfully provided the services specified in the agreement and staff recommends approval of the first one-year renewal. 25G-1 Agreement Extension for Street Tree Maintenance Services June 21, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are available in the following activities: Street Trees (accounting unit 06817643-62321), Water Production and Supply (accounting unit 06017640-62320), Median Maintenance (accounting unit 02917635-62320), Depot Operations (accounting unit 06717650- 62320) Parks Maintenance (accounting unit 01113250-62320), Civic Center Maintenance (accounting unit 07413250-62320), Stadium (accounting unit 01113210-62320) and Downtown Maintenance (accounting unit 40718842-62300). APPROVED AS TO FUNDS AND ACCOUNTS: 7 Raul Godinez II Francisco Gutierrez Executive Direct Executive Director Public Works Agency Finance & Management Services Agency RGlDM Exhibit 1: Agreement Extension 25G-2 THIRD AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 21 S` day of June, 2010 by and between WEST COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". RECITALS 1. The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. 2. By Amendments dated July 7, 2008 and June 1, 2009, the Parties agreed to adjust the unit pricing for tree trimming. 3. The parties hereto desire to amend said Agreement, extending the term for an additional one-year period and allocating funds to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. Section 1, TERM, shall be amended to reflect City's exercise of its option to extend the term for an additional one-year period, through June 30, 2011. The City maintains the option to extend the term of said Agreement for up to three additional one-year periods. B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Eight Hundred Sixty Five Thousand, Three Hundred Fifty Dollars ($865,350) to pay for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1, 2010, through June 30, 2011. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B-1 hereto. C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. 25G-3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney WEST COAST ARBORISTS, INC. PATRICK MAHONEY President 25G-4 EXHIBIT B-1 SCHEDULE OF COMPENSATION ITEM DESCRIPTION UNIT PRICE 1 Tree Trimming Each $47.00 2 Service Request Each $55.90 3 Palm Trimming Each $24.00 4 Tree and Stump Removal Inch $18.70 5 Tree Only Removal Inch $13.00 6 Stump Only Removal Inch $5.90 7 Tree Planting 24"Box with RB Each $229.70 8 Arterial- Tree Planting 24" Box with RB Each $280.00 9 Infill- Tree Planting 24" Box with RB Each $280.00 10 Priority -Tree Planting 24"Box with RB Each $280.00 11 Tree Planting 36" Box with RB Each $954.70 12 Tree Well Installation Each $272.70 13 Root Pruning L.F. $8.60 14 Crew Rental - 3 man crew Hour $136.35 15 Emergency Crew Rental Hour $287.10 16 Watering Day $373.40 25G-5 25G-6 REQUEST FOR COUNCIL ACTION TR CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT WITH ? As Amended ? Ordinance on 15i Reading MIDORI GARDENS INC. ? ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ' ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Midori Gardens Inc. extending the current agreement through the 2010-2011 fiscal year, for a total annual contract amount not to exceed $850,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Midori Gardens Inc. has been providing landscaping services for the City's medians, on arterials, and at water reservoir sites. This agreement was competitively bid in 2006. This extension reflects an increase of approximately $200,000 more than fiscal year 09/10 due to the addition of landscaping maintenance costs for Phase 1 of the Bristol Street widening project, for the SR22 at the La Veta offramp, and at four added water reservoir locations. The term of the original agreement extends through June 30, 2010 and contains a provision for a one-year extension. Midori has established a good working relationship with the City and has performed well. Staff recommends cone-year extension to the agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25H-1 Amendment to Agreement with Midori Gardens Inc. June 21, 2010 Page 2 FISCAL IMPACT Funds are budgeted and available in the Public Works Median Landscaping activity (account no. 02917635-62320), the Water Production and Supply activity (account no. 06017640-62320) and the Environmental Sanitation activity (account no. 06817640-62300). i APPROVED AS TO FUNDS AND ACCOUNTS: t ~ _ t ~(V V ~'C`~~ ~ Syr Raul Godinez I Francisco Gutierrez Executive Dire r Executive Director Public Works Agency Finance & Management Services Agency Exhibit 1: Amendment to Agreement 25H-2 FOURTH AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on June 21, 2010, by and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance in street medians and City owned property. B. By amendments dated October 10, 2008, November 6, 2008 and July 20, 2009, the parties agreed to adjust rates to compensate for increases in labor and material costs, extend the term of said Agreement and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide landscape services for additional properties within the City, extend the term and add compensation to pay for services during the additional one-year term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include additional sites agreed between Contractor and City since the commencement of said Agreement. Additional maintenance sites maybe included in the monthly maintenance schedules as agreed by the Executive Director of Public Works, or his designee, and Contractor. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit D-l, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $850,000 for the term from July 1, 2010 through June 30, 201 l." 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on August 1, 2006 and continue through June 30, 2011, unless terminated earlier in accordance with Section 12, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25H-3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney MIDORI GARDENS By: Laura Sheedy Assistant City Attorney NAGA HAMAMOTO President 25H-4 EXHIBIT D-1 CONTRACT PRICING (effective 7/1/10) Contractor will provide all labor, equipment and materials necessary for city-wide landscaping maintenance service of street medians and various public facilities in accordance with the specifications and special provisions herein. L ROUTINE MAINTENANCE Cost/Month Cost/Year A. Medians & Service Road Dividers $ 35,231.62 /mo. $422,779.44/yr. B. Other Areas $ 3,844.83 /mo. $ 46,137.96/yr. C. Parking Lots $ 478.13 /mo. $ 5,737.56/yr. D. Neighborhood Monument/Entry Areas$ 5,233.33 /mo. $ 62,799.96/yr. E. Water Reservoir Facilities $ 4,055.94/mo. $ 48,67128/yr. F. Arterial Sidewalks Maintenance $ 1,475.17/mo. $ 17,702.04/yr. G. Annual Color $ 571.03/mo. $ 6,852.36/yr. II NEW MAINTENANCE Cost/Square Foot/Month A. Turf Area $ .06 B. Shrub/Ground Cover Area $ .OS C. Hardscape Area $ .04 D. Arterial Sidewalk $ .03 25H-5 III EXTRAORDINARY MAINTENACE A. Materials -Contractor's cost from supplier plus 15% B. Labor -Contractor's rates (including all fringe benefits, markup, overhead, etc.) for the following job classifications: Straight Time Overtime 1. Landscape Maintenance Laborer $ 20.90 $ _31.35 2. Irrigation Technician $ 27.50 $ _41.25 3. Supervisor $ 38.50 $ _57.75 IV EXTRAORDINARY PLANTING 1. 36" box tree; standard trunk $ 605.00 2. 36" box tree; multi trunk $ 660.00 3. 24" box Tree; standard trunk $ 275.00 4. 24" box tree; multi trunk $ 330.00 5. 15 gal plant $ 71.50 6. 5 gal plant $ 17.60 7. 1 gal plant $ 6.60 8. 4" flat of annual color $ 24.20 9. Flat of ground cover $ 17.60 25H-6 REQUEST FOR COUNCIL ACTION ~ a ~a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT ? As Amended WITH (WATER, INC. ? Ordinance on 2"d Read ng ? Implementing Resolution ? Set Public Hearing For CONTINUED TO `r,'.~-~ ~~-2~zN-t`` (~~t/'~-{~.--t.---~~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to agreement with iWater, Inc. for an amount not to exceed $189,000. DISCUSSION The Water Engineering section continues to work and to upgrade the digital water mapping system. This digital mapping system enables City maintenance crews and water engineering staff to respond quickly to emergencies, collect, store, and retrieve data as well as facilitate routine maintenance on water infrastructure assets. Also, all Public Works users will have access to this water information via the City's Geographical Information System (GIS). In May of 2007 the City solicited proposals for digital water mapping services from qualified firms. (Water Inc. was selected based on qualifications, experience and capacity to accomplish the required work and an agreement was awarded. This amendment to the agreement expands the scope of work to include water production and water quality digital data acquisition and processing, Global Positioning System (GPS) data collection and processing, professional on-call services and system service support. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 251-1 Amendment to Agreement With iWater, Inc. June 21, 2010 Page 2 FISCAL IMPACT Funds are available in the Water Administration and Engineering Fund (Accounting Unit: 06017645-62300). APPROVED AS TO FUNDS AND ACCOUNTS: _ Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RA/RB Exhibit 1: Amendment 251-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 21, 2010, by and between iWater, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2009-069, dated June 1, 2010, (hereinafter "said Agreement") by which Consultant has provided GIS mapping services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide additional mapping, increase compensation to pay for additional services and another year of support and maintenance and extend the term of said Agreement for an additional one-year term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Consultant shall provide iWater's infraMAP site license for unlimited users, including download and configuration of the infraMAP application on all field laptop computers and a dedicated server for the City's Water Engineering Department, as well as software and hardware service and support, as set forth in Exhibit A, attached to said Agreement. b. Consultant shall provide mapping services related to the water delivery system, develop comprehensive water production development and a water quality development modules, as set forth in Exhibit A-1, attached hereto and incorporated by reference. c. Consultant shall provide unlimited service, support and training of infraMAP software. All configuration files, MXD documents, batch files and document management strategies will be provided on an unlimited basis. On-site support and training is included throughout the term of said Agreement. Consultant may be asked to provide additional services which shall be authorized by a writing executed by the Executive Director of the Public Works Agency. 2. Section 2, COMPENSATION, shall be amended to increase compensation by $189,000.00 to pay for the additional mapping and development services and software support during FY 2010-11, as set forth in Exhibit A-1, attached hereto and incorporated by this reference. 3. Section 4, TERM, shall be amended to extend the termination date through June 30, 2011. 251-3 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: iWATER, INC. JOSEPH W.FLETCHER City Attorney By: Laura Sheedy DONALD W. RHODES Assistant City Attorney President 251-4 EXHIBIT A-1 SCOPE OF SERVICES AND COMPENSATION FOR FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 Asset GPS Data Collection: Include GPS data collection. All GPS data will be collected using the data stored in XC2. Sub-meter GPS will be performed on backflows designated for Meter Protection, Fire Lines, Irrigation Meter Protection to include above and underground vaults in addition to and not limited to other assets. Water Production Development: Develop a comprehensive water production module based on the ESRI data model. System will support inspections and maintenance of Wells, Booster Pumps, Reservoirs, and SCADA Sensors. iWater staff will work closely with the City to identify optimal workflows and data collection standards. Water Quality Development: In addition to Backflow Device GPS, iWater will develop a backflow device inspection and testing form per city standard operating procedures. This will include support for devices such as Atmospheric Vacuum Breakers, Pressurized Vacuum Breakers, Double Checks, and Reduced Pressure Principle Backflow Prevention Devices. iWater will also create a module for water quality Sample Sites based on the ESRI data model. Users will be able to collect sample data and keep a lifecycle of Water Quality Inquiries. System will support routing and optimization of sample sites to improve the efficiency of data collection. infraMAP Service and Support: Includes 12 months of unlimited service, support and training of infraMAP software. All configuration files, MXD documents, batch files, and document management strategies will be provided on an unlimited basis. On-site support and training is also included throughout the term of the agreement. 251-5 Additional Professional Services: Additional professional services on "as needed" basis by the City of Santa Ana. These include but not limited to: Redline cleanup and updates, and GIS linework construction. iWater will assist the implementation of the selected CMMS system. The implemented systems will be integrated for infraMAP users. Professional Services and Hourly Rates Task Unit Cost # of Units Total Cost - GPS Point -Sample Site, Backflow, 7.00 11,000 77,000.00 Production Site, Manhole, or other - Water Production Development 20,000.00 1 20,000.00 - Water Quality Development 20,000.00 1 20,000.00 - infraMAP Service and Support 1,000.00 12 12,000.00 -Additional Professional Services (As 1 1 60,000.00 Needed) Basis Total: Not to Exceed $189,000 251-6 4 ~r~V REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ACQUISITION SETTLEMENT ? As Recommended AGREEMENT FOR BRISTOL STREET ? As Amended ? Ordinance on 151 Reading CORRIDOR (PROJECT NO. 08-1700) ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For f CONTINUED TO n ?''~-~`~'~/~,,~,iCry~----- FILE N U M B E R CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached acquisition settlement agreement with ACME Bail Bonds in the amount of $45,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue, is under construction and is expected to be completed by September 2010. Public Works is acquiring property for the second phase of the project, between Third Street and Civic Center Drive, as well as the intersection of Bristol Street and Warner Avenue. On March 3, 2009, the City Council approved the purchase agreement with the property owner to acquire the entire property located at 712 N. Bristol (Exhibit 1). As part of acquisition process, the tenant, ACME Bail Bonds, is also entitled to benefits. Staff has been negotiating with ACME and has reached a comprehensive settlement agreement. The compensation amount is the appraised value prepared by an appraiser licensed by the State of California. 25J-1 Settlement Agreement For Bristol Street Corridor June 21, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661- 66100). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit: Agreement 25J-2 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ("Agreement") is made by and between the City of Santa Ana Public Works Agency, a public body, coiforate and politic {"Agency") and ACME Bail Bonds ("Tenant"). The Agency and Tenant are hereinafter sometimes referred to collectively as the j "Parties." RECITALS A. Tenant operates a business, commonly known as ACME Bail Bonds, and is the occupant of real property located at 712 N. Bristol St., Santa Ana, CA (the "Property"). B. The Property has been acquired by the Agency for the Bristol Street Widening Project. Tenant currently occupies the Property under a lease dated June 28, 2001, and a lease amendment dated September 26, 2003, which commenced on October 1, 2003 and expired on October 30, 2004, (collectively, the "tease"). i C. The Parties desire to resolve aII issues relating to the Agency's acquisition of the Property in accordance with the turns and conditions set forth below. s D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties ~ herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration I (a) The Agency shall pay to Tenant the sum of $45,000.00 (Forty Five Thousand Dollars) (Tenant Settlement Payment} as total compensation for relocation assistance and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, the Agency will begin processing an initial payment to Tenant in the amount of $25,000.00. The Agency will make the final payment to Tenant in the amount of $20,000.00, less any deductions described in paragraphs 1 (c) & (d) of this Agreement, after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the Agency or to the Agency's relocation consultant, and provides written verification that all hazardous materials have been legally and properly moved. {b) Tenant agrees, that the consideration received pursuant to paragraph 1 {a) above constitutes full satisfaction of any and all obligations of the Agency to Tenant, including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind in the real estate and leasehold, 1 of 7 25J-3 loss of business goodwill, compensation for personal property (loss of inventory}, furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the pz•emises by no later than April 30, 2010 (Vacate j Date). Should Tenant remain in occupancy beyond the Vacate Date, a Two Hundred Fifty Dollars ($250) per day penalty will be deducted from Tenant's Settlement Payment, for each day of occupancy beyond the Vacate Date unless a written request for an extension has been submitted and consequently approved t by the Agency or its Agents. (d} Tenant hereby agrees that Agency znay remove and dispose of any personal s property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. Any disposal costs associated with Tenants' personal property, or clean up fees paid by the Agency, will be deducted from the Tenant Settlement Payment. i 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This f Agreement shall sezve as a full z•elease and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties"}, from all rights, claims or czoss-claims, demands, actions, or causes of action, including those for damages, compensation, relocation assistance, relocation benefits, loss of goodwill, property interest, compensation for personal property (loss of inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising fiom the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2} Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of Agency's actions or failure to act, including, but not limited to, any claim to relocation assistance, relocation benefits or compensation for property or• loss of goodwill from the Agency. (b} In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature 2 of 7 i 25J-4 3 2 { whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to chinas which the creditor does not know or suspect to exist in his/her favor- at the lithe of executing the release, wlaiclt if j Itttotia~tt by Itim/Iter must have ttaaterially affected his/her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and ail of its express terns and provisions, including those terms and provisions relating - to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands j and causes of action herein above specified. E (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law ~ or any party's discovery thereof The Parties shall not be entitled to any relief in ' connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. r (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or nay party's agent or related entities in executing tlus Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. t (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1} to its actual knowledge, no other entity or person has any aight, title, or interest whatsoever in the released claims, and (2) that there has been no assigmnent, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent #o the Effective Date of #his Agreement. Tenant acknowledges that the Authority has relied and is a•elying upon such representations and warranties in entering into this Agreement. (f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors or representatives from any claims that may arise from Tenant's nondisclosure of 3of7 25J-5 J i any other interests in the Property or personal property referenced by this agreement. (g) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. 3. Third PartX Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. i i 4. Attorney's Fees i in the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs and expenses incur7ed thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnitv t Each patty shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and/or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement ~ This Agreement together contains the entire Agreement of the Parties, and supersedes ~ any prior written or oral agreements between them, concerning the subject matter of this t Agreement. 7. PartialInvalidity In the event that any term, covenant, condition or provision of this Agreement shalt be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. i r 8. Waiver and/or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shalt it be deemed a waiver of any other provision hereof. 4 of 7 i 25J-6 f i 9. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. z 10. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. i r 12. Necessar~Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessazy to catty out the provisions of this Agreement. k 13. Advice of Counsel I The Parties, and each of the, acknowledge that in connection with the negotiations and I execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not sa represented, said non-representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances • with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California ! Civil Code Section 1542. i 14. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terYns and provisions, the same shall not be construed against any party. 5 of 7 r 25J-7 f s` 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. VoluntarX Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. ~ ~ 18. Notices 1 All notices, z•equests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited ' ` in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: i I To Agency: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Centez• Plaza, M-36 S Santa Ana, California 92741 To Tenant: Scott Esparza ACME Bail Bonds i 660 Hampshire Rd., #100 Westlake Village, CA 91361 1 i t} I i 1 i i i f t i t 6 of 7 i 25J-8 i t f i i 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to t any other court, including, without limitation, federal Agency court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. i ` ANT: CME Bail Bonds Scott Esparza Title Tax Identification No. Date CITY OF SANTA ANA i BY: Dated ~ David N. Ream E City Manager ATTEST: Dated Maria D. Huizar f Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY • Dated 7 ^ ! ` Joe andoval M aging Senior Assistant City Attorney E i 7 of 7 25J-9 25J-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT FOR ? As Amended ? Ordinance on 15~ Reading i REDLIGHT PHOTO ENFORCEMENT ? Ordinance on 2"d Reading SYSTEM ? Implementing Resolution ? Set Public Hearing For ' CONTINUED TO t_'~- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached Third Amendment to Agreement with Redflex Traffic Systems, Inc., subject to non-substantive changes approved by the City Manager and City Attorney to support a Red Light Photo Enforcement program. DISCUSSION On December 2, 2002, Council approved afive-year agreement with Redflex Traffic Systems, Inc. for the installation, maintenance, and support of an automated Red Light Photo Enforcement System. The original agreement included installation and support for up to twenty approaches at designated intersections throughout the City for the purpose of enforcing red light traffic violations. During the initial term, twenty approaches were installed in the City. The original agreement also provided for two consecutive one-year extension options at the expiration of the initial term to provide continuous, uninterrupted service. The parties exercised both of these options, providing for uninterrupted service through June 18, 2010. In order to continue uninterrupted service, the parties have prepared a Third Amendment to the Agreement to establish a new five-year term commencing on June 18, 2010, and including two consecutive one-year extension options at the expiration of the initial term. This amendment decreases the cost of service for existing intersections from $5,370 to $3,900 per approach per month, and sets the cost for new or relocated approaches at $4,750 per month, which includes the cost of installation of new equipment, maintenance, and operational services. The amendment also provides the City with the option to order the installation of up to twenty new approaches in the City. The contract is further amended to require Redflex to issue warning notices at each new approach, and to provide expert court testimony upon request. Furthermore, the City reserves the right to terminate the contract if there are any changes in the law or negative court rulings regarding automated red light enforcement systems that would prevent prosecution of the subject incidents. 25K-1 Red Light Photo Enforcement System June 21, 2010 Page 2 In addition, staff recommends maintaining an agreement with Redflex Traffic Systems, Inc. since changing systems would be cost prohibitive as it would require new construction at all existing intersections, changing software systems and retraining staff. The equipment necessary to operate the system is owned by Redflex Traffic Systems and is not compatible with other systems. Therefore, changing systems would require the program to cease operations while the current equipment is removed and new equipment is installed, impacting traffic flow as roadways are closed to accommodate new construction. The construction costs for the current system have been amortized over the course of the prior agreement, thereby allowing the City to significantly reduce expenditures related to this program while continuing to realize the uninterrupted benefits of the system. Since the implementation of this program, which is designed to change driving behavior, the number of injury-related traffic collisions citywide has decreased nearly 27 percent. As the County Seat, the City experiences a high volume of commuter traffic during the same hours when there is typically a decrease in available police resources due to calls for service. The system serves as a force multiplier for the Police Department, particularly during those peak traffic hours, capturing an average of 1,500 red light violations per month. There are over 4,000 traffic collisions reported in the City of Santa Ana every year, several of which are caused by red light violations and result in injuries over 65 percent of the time. During these difficult financial times, the proposed amendment to the contract will reduce the City's operating expenses by approximately $352,800 per year. The amendment allows the City to maintain provisions that hold the contractor accountable to provide quality service. In addition, should the City choose to expand the system by installing cameras at a new approach, the annual cost associated with the expansion would be $17,640 less when compared to the cost of installation for the cameras under the initial agreement. Redflex Traffic Systems, Inc. is a leader in Red Light Photo Enforcement offering state-of-the-art equipment. The company has performed satisfactorily with the system installation, software, maintenance, support and citation processing services provided during the prior contact period. Staff recommends executing this agreement. FISCAL IMPACT Funds are available in the Police Department's Traffic Division Fund Account (account no. 01114405-62300) in the Fiscal Year 2010-11 budget. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez ~~,~f Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25K-2 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REDFLEX TRAFFIC SYSTEMS, INC. THIS THIRD AMENDMENT (the "Amendment") made and entered into this day of 2010, by and between REDFLEX TRAFFIC SYSTEMS, INC., a Delaware Corporation, registered to do business in California under corporate entity number C2463262 (hereinafter referred to as "Redflex"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The parties previously entered into an Agreement between the City of Santa Ana and Redflex Traffic Systems, Inc. ,number A-2002-231, dated December 2, 2002 (the "Agreement"), to provide automated red light photo enforcement in the City of Santa Ana; and, B. The parties mutually agree to amend certain terms of the Agreement, including, among other revisions, the term, installation, violation processing, training, compensation, go live and final acceptance, insurance, and termination clauses. C. The Santa Ana City Council hereby authorizes the Chief of Police to exercise the option to extend the term for a one (1) year period upon the expiration of this five (5) year term, and to exercise the option to extend the term for a second one (1) year period upon the expiration of the first one (1) year extension of said agreement, upon the discretion of the Chief of Police, WHEREFORE, in consideration of the mutual and respective covenants and promises contained herein, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: 1. TERM. Paragraph 1 of the Amendment entered into February 4t", 2008, pertaining to the Term in Section 1, is amended as follows: As of the effective date of this Amendment, the term is extended for five (5) years commencing June 18t", 2010. By mutual agreement, the term of this Amendment may be extended by two (2) additional consecutive one-year (1) periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The City has the right to extend by providing written notice to Redflex not less than 30 days prior to the last day of the renewal term. Even after termination of the instant contract, either through expiration of the term or invocation of the termination clause, Redflex will continue to provide the City with evidence packages and prosecutorial support for any violations captured by the red light camera equipment up to the date of termination of the contract. 2. PARAGRAPH 3 -INSTALLATION is amended as follows: With respect to the number of Designated Intersection Approaches mentioned in the first sentence of Paragraph 3 -Installations, the number of approaches is modified to include an additional twenty (20) approaches for a total of up to forty (40) approaches. The installation of such additional approaches, or research of the same by the City, is not required, and is at the sole discretion of the City. Redflex will provide site surveys for proposed approaches to the City at no charge at the request of the City. All other aspects of this paragraph are to remain unchanged. Section J below is now added as follows: 25K-3 j. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, the cost shall be borne by Redflex; however, the City shall provide at no cost the necessary encroachment permits. 3. PARAGRAPH 5 -VIOLATION PROCESSING Section j is amended as follows: EXPERT COURT TESTIMONY: Contractor shall provide, at no cost to City, expert court testimony for use by City in prosecuting Violations. Such request must be made in writing with no less than fourteen (14) calendar day notification prior to court proceeding, when feasible and allowable. Otherwise, any request for testimony made in a reasonable manner and amount of time must be honored by Redflex. City will be provided with a local expert at no cost; however, should City warrant expert court testimony from Redflex Traffic Systems Arizona offices, after exhausting all other options, such expert shall be provided to City on a cost reimbursement basis. Such compensation is to include reasonable travel expenses only to appear at the venue for court testimony. The City reserves the right to review and scrutinize any travel invoices from Redflex, and to refuse payment for unreasonable charges. If testimony is regularly required from Redflex Traffic Systems Arizona offices, this shall serve as reasonable cause for termination of the contract pursuant to Paragraph 21 -Termination of the agreement. 4. PARAGRAPH 6 - Training Section a is amended as follows: Contractor shall provide training at no cost to the City for up to an additional fifteen (15) personnel of the City during the term of the instant amendment commencing on June 18, 2010. All other aspects of this section are to remain unchanged. 5. PARAGRAPH 10 -COMPENSATION Section a - is amended as follows: Commencing on the execution of this Third Amendment to the Agreement, City shall be obligated to pay Redflex a fixed fee for each Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement as per the following three (3) pricing categories: Category 1: Fixed Fee of $3900.00 per month per approach for each of the following twenty (20) Existing Intersections Approaches: Harbor / McFadden - N/B First St. /Euclid - N/B Euclid /First St. - N/B 17th St. /Broadway - N/B 17th St. /Bristol St. - NB First St. /Grand - N/B Santa Ana Blvd. /Main St. - W/B First St. / Fairview - N/B Fairview /First St. - NB Harbor /Warner - N/B Harbor /Westminster - N/B Westminster /Harbor - N/B Newhope St. /Hazard Ave. - S/B Bristol St. / Edinger - N/B 17th St. / Tustin Ave. - W/B 17th St. / Tustin Ave. - SB Segerstrom Ave. / Raitt - W/B 25K-4 Dyer Rd. /Pullman St. - W/B Bristol St. / Segerstrom Ave. - S/B Warner /Harbor - W/B Category 2: Relocation of up to five (5) approaches, mutually agreed upon by both City and Contractor, will be at no cost to the City. Once the approach relocation is completed, the relocated approaches will be categorized as new Designated Intersection Approaches with a fixed fee of $4750 per month per approach thereafter. Fixed fee for these relocated approaches will be prorated on the monthly billing to reflect the time each new approach is operational. Category 3: For each new Designated Intersection Approach, City shall be obligated to pay Redflex a fixed fee of $4750 per month per approach for each new Designated Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement. Business Assumptions for All Pricing Options: Where improvements to capture additional lanes are added to any of the above approaches, the fixed fee will be increased proportionally by mutual agreement between both parties. In the event that a system is disabled for more than 24 hours, the monthly fee for that system will be reduced to the number of days operational and a prorated fee will apply for that system. However, in the instance of a system disabled for more than 48 hours due to a knockdown, the monthly fee will be prorated after 48 hours. If a system is disabled during a weekend, the monthly fee will be prorated after 48 hours. Section f below is now added as follows: f. FAILURE TO APPEAR: Requests for FTA Reports (Failure to Appear) made within one year of Violator's failure to appear, will be provided at no charge to City. Section g below is now added as follows: g. ROADWAY PROJECTS: Contractor will not be responsible for the construction costs of Roadway or Intersection improvement projects. Contractor shall be responsible for equipment placement for operational system approaches as a result of any roadway or intersection improvement project by City. If a system is deactivated at the City's request due to roadway construction or project, the City will not be billed for the Intersection Approach downtime for that system until the project is completed. 6. PARAGRAPH 11- GO LIVE AND FINAL ACCEPTANCE Section a is added as follows: Redflex will be required to issue at least thirty (30) days worth of warning notices with no charge to the City for each new or moved intersection approach. 7. PARAGRAPH 12 -INSURANCE is amended as follows: Prior to undertaking performance of work under this Agreement, Contractor shall obtain and cause to remain in full force and effect during the Term insurance as described below: Section a is amended as follows: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this 25K-5 Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of the Agreement and shall be approved in form by the City Attorney. Section b is amended as follows: Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Such insurance shall include coverage for owned, hired and non-owned automobiles. Section d is amended as follows: If Contractor is or employs a licensed professional such as an architect or engineer, professional liability (errors and omissions) insurance is required, with a combined single limit of not less than $2,000,000.00 per claim. Section e (iii) is amended as follows: Certificates of Insurance on all policies shall state that the insurer will endeavor to mail the City written notice of not less than thirty (30) days prior to cancellation, except only ten (10) days in the event of cancellation due to non-payment of premium. 8. PARAGRAPH 21-TERMINATION Section a is amended as follows: Any negative ruling or order from any court pertaining to the admissibility of red light camera results, or the legality or sufficiency of the red light camera system, or any other issue that reasonably inhibits the prosecution of red light camera cases shall provide immediate cause for termination. 9. EXCEPT AS AMENDED IN THIS AMENDMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHERFEOF, the parties hereto have executed this Third Amendment to said Agreement as of the day and year first set forth above. ATTEST: CITY OF SANTA ANA Maria D. Huizar David N. Ream Clerk of the Council City Manager 25K-6 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Ryan O. Hodge REDFLEX TRAFFIC SYSTEMS, INC., Deputy City Attorney Aaron Rosenberg RECOMMENDED FOR APPROVAL: Executive Vice President Paul M. Walters Chief of Police 25K-7 25K-8 REQUEST FOR , COUNCIL ACTION a ~ a~~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended COMMUNITY DEVELOPMENT BLOCK ? As Amended GRANT AMENDMENT AND AWARD FOR ? Ordinance on 15~ Reading ? Ordinance on 2nd Reading SENIOR SERVICES ? Implementing Resolution ? Set Public Hearing For CONTINUED TO f, ~'~,,,,~C{------- FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Amend the Fiscal Year 2010-2011 Community Development Block Grant program to increase the Parks, Recreations and Community Services Agency allocation by $2,500 from FY 2009-10 unexpended funds for a total allocation of $58,500. 2. Authorize the City Manager and the Clerk of the Council to execute the attached sub- recipient agreement with Community SeniorServ, Inc. in the amount of $58,500, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In April 2010, the Parks and Recreation and Community Services Agency (PRCSA) was allocated Community Development Block Grant (CDBG) funding to support the Senior Meals Programs. PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize the allocation of CDBG funds to enter into asub-recipient agreement with Community SeniorServ Inc. to continue to provide these two programs in Santa Ana effective July 1, 2010 through June 20, 2011. The Meals on Wheels program prepares and delivers three meals daily directly to the home of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U.S. Nutritional Recommended Daily Allowance -consisting of breakfast, a cold lunch and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff, as well as the calls and/or visits from case workers who regularly check on their well-being. The Senior Lunch Program would be offered at three sites in Santa Ana (Santa Ana Senior Center, Southwest Senior Center and Vietnamese Community Center) to help alleviate poor nutrition among the vulnerable elderly population, especially prevalent among those who live alone and/or 25L-1 CDBG Amendment and Award for Senior Services June 21, 2010 Page 2 on limited income. This nutrition program seeks to enhance the physical and mental well-being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation-based meals. The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs, based on FDA guidelines. FISCAL IMPACT Funds are available in the CDBG account (no. 13518783-69135/11750701172). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo R. Mouet Francisco Gutierrez Executive Directo Executive Director Parks, Recreatio and Finance & Management Services Agency Community Servi es Agency Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/NTE/FH/kg Exhibit 1. Agreement 25L-2 5/11/10 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1st day of July, 2010, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Community SeniorServ, a California nonprofit corporation ("SUBRECIPIENT"). WITNESSETH Recitals: A. T he C TTY, as an en titlement r ecipient an d g rantee o f t he U nited S fates D eparhnent o f Housing a nd U rban D evelopment ("HUD") Community D evelopment B lock G rant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to r eceive C DBG f ands a nd a dminister s uch f financial a ssistance; a nd t o pr ovide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A-1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is ag reed b y an d b etween t he parties that the f oregoing R ecitals are a substantive pa rt of this Agreement a nd t he f ollowing t erms a nd c onditions a re a pproved a nd together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1 EXHIBIT 1 25L-3 5/11/10 I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $ 58,500 ("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2011. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis on or before the 15`h of each of the following months (October, January, April and July) subject to and upon receipt and approval of a complete 2 25L-4 5/11/]0 quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention reporting, and accounting.. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable C osts. SUBRECIPIENT a grees to c omplete s aid program on or before June 30, 2011 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to,wages, a dministrative c osts, a nd e mployee b enefits c omparable to o ther s imilarly s ituated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached h ereto an d b y t his r eference i ncorporated herein. SUBRECIPIENT s hall a se a 11 income received f rom s aid f ands onl y f or t he s ame par poses f or w hick said f ands m ay be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT ag rees t o o btain an d m aintain al l r equired 1 icenses, registrations, accr editation an d i nspections f rom al 1 ag encies g overning i is o perations. SUBRECIPIENT s hall e nsure t hat its s taff s hall also obtain a nd ma intain a 11 r equired 1 icenses, registrations, accr editation an d i nspections f rom al 1 ag encies g overning S UBRECIPIENT's operations hereunder. Such 1 icensing r equirements i nclude obtaining a C ity bus iness 1 icense, a s applicable. F. Zoning. SUBRECIPIENT a grees t hat a ny f acility/property us ed i n f urtherance of said pr ogram s hall be s pecifically z oned a nd pe rmitted for s uch us e(s) a nd a ctivity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state o r f ederal r ales an d r egulations r elating t hereto, S UBRECIPIENT s hall i mmediately m ake good-faith of forts t o g ain co mpliance w ith local, state o r f ederal r ales an d r egulations f ollowing written n otification o f said violation(s) f rom t he C ITY o r o ther au thorized ci ting ag ency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pe nding violations, or t o r emedy s uch know n vi olation(s) s hall r esult in t ermination of grant funding hereunder. S UBRECIPIENT m ust make a 11 c orrections r equired to br ing t he facility/property i nto c ompliance w ith the 1 aw within s ixty (60) da ys of not ification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. 3 25L-5 5/11/10 G. Separation of A ccounts. A 11 f ands r eceived by S UBRECIPIENT f rom C ITY pursuant t o this A greement s hall be maintained in a n a ccount in a f ederally i nsured ba nking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB C ircular A -110 r equirements. SUBRECIPIENT is n of r equired to ma intain separate depository accounts for CDBG FUNDS; provided however, the SUBRECII'IENT must be able to account f or r eceipt, o bligation a nd e xpenditure o f C DBG F UNDS par suant to ap plicable O MB Circular A-110 requirements. H. Audit R eport Requirements. SUBRECIPIENT agrees t hat i f S UBRECIPIENT receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall ha ve a n a nnual a udit c onducted by a c ertified p ublic acco untant i n acco rdance w ith t he standards a s s et f orth a nd pub lished b y t he U nited S tates O ffice of Management a nd B udget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. I. Record Keepin eporting. SUBRECIPIENT shall keep and maintain complete and adequate r ecords a nd r eports t o a ssist C ITY i n m eeting a nd m aintaining i is r ecord ke eping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, 4 25L-6 5/11/10 April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIl'IENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities.. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of R ecords/Required L ength of R ecord K eepin All acco unting r ecords, reports, a nd evidence pe rtaining t o a 11 c osts, e xpenses a nd t he C DBG FUNDS of SUBRECIPIENT a nd a 11 doc uments r elated t o t his A greement s hall be maintained a nd ke pt available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit inconformity with the CDBG REGS's. Records w hich r elate to (a) c omplaints, c laims, a dministrative p roceedings o r litig ation a rising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental a gency t akes e xception, shall be retained be yond t he five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of S anta A na, California, S UBRECIPIENT ag rees t o p ay al l n ecessary and r easonable e xpenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5 25L-7 5/11/10 L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and t hat expenditures of t hese f ands shall be i n a ccordance w ith t he A CT a nd a 11 pe rtinent regulations issued b y a gencies of t he f ederal g overnment,including, but not 1 invited t o, a 11 regulations f ound a t T itle 24 of t he C ode of F ederal R egulations. P rogram i ncome received b y SUBRECIPIENT s hall b e r eturned t o C TTY unl ess o therwise pr ovided f or a n t his A greement. SUBRECIPIENT ag rees t o co mply f ally w ith al l f ederal, s fate a nd local laws an d co art o rders applicable to its operation whether or not referred to in this Agreement. M. Standing. S UBRECIPIENT s hall be i n g ood s tanding, w ithout s uspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. W ithout prejudice t o a ny of her pr ovisions of this A greement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIl'IENT s hall s ubmit t o CITY a nd or HUD or i is r epresentatives, a 11 r ecords r equested, including a udit, a xaminations, monitoring a nd ve rifications of r eports submitted b y SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent C ontractor. S UBRECIPTENT ag rees t hat t he p erformance o f obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of T erms and C onditions. SUBRECIPIENT a grew t hat i f SUBRECII'IENT vi olates a ny of t he t erms a nd c onditions of t his A greement or any pr for Agreement w hereby C DBG f ands w ere r eceived b y S UBRECIPIENT, o r i f S UBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in v iolation thereof. I f SUBRECIPIENT e ngaged i n f raudulent a ctivity t o ob fain a nd/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. S UBRECIPIENT a grew t o m aintain a r ecord f or each item of n on- expendable p ersonal property a cquired unde r t he t erms of t his A greement. S aid r ecord s hall b e made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited U se. SUBRECIPIENT h ereby certifies an d a grew th at it w ill n of u se funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. S UBRECIPIENT c ertifies th at it w ill c omply w ith f ederal law (31 U.S.C. 1352) and regulations found at 24 C FR Part 87, which provide that no appropriated funds maybe expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any pe rson f or i nfluencing or a ttempting t o i nfluence a n of facer or employee of a ny a gency, 6 25L-8 5/11/10 Member of Congress, or an of facer or e mployee of a M ember of Congress i n c onnection w ith awarding o f an y f ederal co ntract, t he m aking o f an y f ederal g rant o r l oan, en tering i nto an y cooperative ag reement a nd t he e xtension, r enewal, am endment o r m odification o f an y f ederal contract, grant, loan or cooperative agreement. S UBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT s hall s ubmit s aid signed c ertification to CITY prior t o performing a ny of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any pe rson f or i nfluencing or a ttempting t o influence a n of facer or employee of a ny a gency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress i n c onnection with t his F ederal c ontract, g rant, l oan, or c ooperative a greement, t he undersigned shall c omplete a nd s ubmit a " Disclosure F orm to Report L obbying," i n a ccordance with its instructions (see C-1). T. Financial Interest. SUBRECII'IENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCDBG-assisted activity of SUBRECII'IENT, e ither f or t hemselves or t hose with w hom they ha ve f amily or bus iness t ies, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, t he pa yroll r eports (along w ith t he "Statement of Compliance") and ba sic r ecords a re required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there i s o n f ale w ith the ag ency a cer tification b y t he co ntractor that the co ntractor an d i is subcontractors ha ve c omplied w ith the provisions of 2 9 C.F.R. § 5.5. A breach of t he c ontract clauses in 29 C .F.R. §5.5 maybe grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Drub Free Workplace. S UBRECIPIENT certifies that it has established the following drug-free workplace policy: 7 25L-9 5/11/10 1. T he unl awful m anufacture, di stribution, dispensing, pos session or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any c riminal dr ug s tatute c onviction f or a vi olation oc curring i n t he w orkplace n of later than five days after such conviction. 3. T he C ITY and t he U nited S tate D epartment of Housing and U rban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each s uch e mployee s hall be r equired t o pa rticipate s atisfactorily i n a dr ug a Buse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. W. Uniform A dministrative R equirements for N on-Governmental S ubrecipients/Non- Profits. The following requirements and standards must be complied with: OMB Circular A-122 "Cost P rinciples f or N on-Profit O rganizations" or O MB C ircular A -21 "Cost Principles f or Educational Institutions", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions of H igher E ducaiton, H ospitals, a nd O ther N on-Profit O rganizations," a s modified by 24 C FR 570.502(b); a nd, O MB C ircular A -133, "Audits of S tates, L ocal G overnments a nd N on-Profit Organizations". X. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2010-2011 CDBG program year amounts expended by SUBRECII'IENT in carrying out said program for fiscal year 2010-2011 pursuant to this Agreement up to a maximum aggregate payment of fifty-eight thousand five hundred Dollars ($58,500) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis on or before the 15`h of the following months (October, January, April and July) in a form prescribed by CITY, detailing such expenses. 8 25L-10 5/11/10 CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of e ach g rant a nd s ubgrant s upported a ctivities. C ITY s taff h as d etailed k nowledge o f t he g rant program r equirements a nd m onitors g rant a nd s ubgrant s upported a ctivities t o a sure c ompliance with F ederal r equirements. Such monitoring c overs e ach pr ogram, f unction a nd a ctivity a nd performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant t o t he c onflict o f interest r equirements s et forth in 24 C FR 576.57 a nd O MB Circulars 1-102 and A-110, SUBRECIl'IENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject C DBG F UNDS, shall s erve a s a n of facer of S UBRECIPIENT. F urther, a ny c onflict o r potential c onflict o f i nterest o f any o fficer o f S UBRECII'IENT s hall b e fully d isclosed in w rating prior to the e xecution of t his A greement a nd s aid w rating s hall be at tached an d d eemed f ully 9 25L-11 5/I1/10 incorporated a s a pa rt hereof. N otice s hall be s ent b y S UBRECIPIENT t o C ITY r egarding a ny changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a r eligious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.200(j): ' A. SUBRECIPIENT s hall n of d iscriminate ag ainst any employee or a pplicant f or employment on t he ba xis of r eligion a nd s hall not 1 imit e mployment or g ive pr eference i n employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIl'IENT agrees to provide under the terms of this Agreement on the basis of religion and shall n of 1 imit such s ervices o r g ive p reference t o ap plicants f or s uch s ervices o n t he basis o f religion. C. SUBRECIPIENT s hall NOT p rovide r eligious instruction or c ounseling, c onduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of C ITY f ands b y S UBRECIPIENT w ith a pplicable c onstitutional l imitations r expecting t he establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where t he services to b e pr ovided u nder s aid pr ogram a re rendered on pr operty owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs t o such p roperty which ar e d irectly r elated t o the co st o f r endering t he s ervices under s aid program, w here t he c ost c onstitutes i n do llar to rms o my a n in cidental p ortion o f th e C DBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT a grees not t o h ire or pe rmit t he hiring of a ny pe rson t o f ill a pox ition funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, s on-in-law, d aughter-in-law, a ant, unc le, niece, nephew, s tepparent a nd stepchild. T he term " administrative c apacity" means ha ving s election, hi ring, s upervisor o r management responsibilities. 10 25L-12 5/I1/10 VII. NOTICES Notices to the parties s hall, un less o therwise r equested i n w rating, be s ent b y U . S. M ail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Mr. Randy Platt Community SeniorServ 1200 N. Knollwood Circle Anaheim, CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or a ssigned t o a ny a gency, c onsultant, or person w ithout t he pr for w ritten consent of CITY. S UBRECIPIENT must submit all subcontracts and other agreements that relate to t his A greement to CITY. N o subcontract o r a ssignment s hall terminate o r a lter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of C ITY, a nd s hall de fend, i ndemnify and s ave ha rmless C ITY, i is of facers, e mployees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not byway of limitation, workers compensation claims a nd i ncluding at torney f ees an d r easonable ex penses f or litigation o r s ettlement, r esulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, di rectors, e mployees, a gents, s ubcontractors a nd s uppliers a rising out o f SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has a ny employees i t i s r equired t o be i nsured a gainst 1 iability f or w orker's compensation or t o un dertake self-insurance. P rior t o commencing pe rformance o f t his 11 25L-13 5/11/10 Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not 1 ess t han $1, 000,000 pe r a ccident. If S UBRECIPIENT h as no employees, no r workers' compensation coverage, i t m ust ex ecute a D eclaration available f rom t he C ITY, an d update as is necessary. B. SUBRECIl'IENT s hall undertake self-insurance, or shall obtain, a t its s ole c ost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such i nsurance s hall: (1) na me t he C ity of S anta A na, i is of facers, a gents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's pr ovisions; a nd (4) give to C ITY p rompt a nd time ly n otice of c laim ma de o r s uit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT s hall: (a) p rior to e xercising a ny r fight a nder th is A greement, furnish p roperly executed certificates of i nsurance a nd a dditional i nsured e ndorsement t o t he CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) m aintain s uch i nsurance f or t he pe riod c overed b y t his A greement;and (d) r eplace s uch certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG f ands on ha nd a t t he time of the e xpiration of this A greement a s w ell a s a ny a ccounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not us ed i n a ccordance w ith s ubparagraph A a bove, S UBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject t o t he ob ligations s et f orth he rein, t itle t o e quipment a cquired un der t he terms o f this A greement w ill vest up on a cquisition i n SUBRECIPIENT. When said e quipment which h as b een acq aired i n acco rdance w ith t his Agreement an d al 1 ap placable r egulations is n o longer needed for said program, disposition of said equipment will be made as follows: 12 25L-14 5/11/10 1. Items of e quipment w ith a c urrent pe r uni t f air market value of 1 ess t han $5,000.00 maybe retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more maybe retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECII'IENT he reby agrees, upon t he de mand of C TTY, t o execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or unde r a ny doc ument, i nstrument or a greement e xecuted i n f urtherance of the services a nd activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quitclaim deed(s) or such of her a nd f urther i nstruments, doc uments a nd agreements a s m ay be necessary, i n the s ole and absolute discretion of C ITY, t o ve st i n CITY a 11 o f S UBRECIPIENT's right, title and i nterest (if any i t m ay have) i n and t o C ITY, C DBG or other federal, s tate a nd/or local accounts or program funds or allocation of funds to which CITY is or maybe entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities a s t his A greement, together w ith a ny i nstruments, l owns, g rants or a dvances b y SUBRECII'IENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities s et forth in this paragraph "XI. REVERSION OF AS SETS." a nd i n paragraph "XII. TERMINATION"and of her r equirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of t ermination of t his A greement f or s uch period of t ime as C ITY a nd/or H UD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This A greement may b e to rminated o n th irty (30) d ays' w ritten n otice b y either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This A greement m ay be suspended or t erminated b y C TTY upon f ive (5) da ys' written notice for violation by SUBRECIl'IENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECII'IENT shall only be entitled to reimbursement for approved expenses incurred up t o the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obl igations he reunder, C ITY may de dare a de fault a nd t ermination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of ternlination 13 25L-15 5/] 1/10 stated i n s uch no tice. If t erminated f or c ause, C ITY s hall be relieved of f urther liability o r responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any pa yments m ade f or s ervices no t s ubsequently pe rformed i n a t imely a red s atisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The g rant of funds un der t his A greement m ay b e t erminated f or co nvenience i n accordance with 24 CFR 85.44. E. The g rant of funds un der t his A greement m ay be terminated due t o t he non - performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in E xhibits A a red B or failure t o m eet t he pe rformance s tandards a red pr ogram g oals s et f orth therein. F. In t he ev ent this A greement is terminated as s et f orth i n s ubparagraphs X ILA. through X II.E.,inclusive, S UBRECIPIENT a grees t o i mmediately r eturn t o C ITY upon C ITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce t he b udget o f t his A greement as a w hole o r as t o co sts cat egory, m ay 1 imit t he r ate o f SUBRECII'IENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both i is u recommitted a red i is u nspent f ands. W here H UD ha s di rected or r equested C ITY t o implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement,CITY's C ity M anager o r d elegate i s authorized to a ct f or C ITY i n i mplementing a red effecting s uch a r eduction a red i n r evising,modifying, or a mending t he A greement f or s uch purposes. I f s uch a r eduction i n funding occurs, SUBRECIPIENT s hall be permitted to de -scope accordingly. W here C ITY h as r easonable g rounds to que stion S UBRECIPIENT's f fiscal accountability, financial soundness, or c ompliance w ith this A greement, CITY m ay s uspend t he operation of this A greement f or up t o s ixty (60) da ys upon f five (5) days w ritten no tice to SUBRECIl'IENT of its intention to so act, pending an audit or other resolution of such questions. In no e vent, h owever, s hall a ny r evisions m ade b y C ITY a ffect e xpenditures a red 1 egally bi nding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such a mounts ha ve been c ommitted i n g ood f aith a red a re o therwise a llowable a red t hat s uch commitments are consistent with HUD cash withdrawal guidelines. 14 25L-16 5/11/10 XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all t he co venants an d ag reements b etween t he p arties w ith r espect t o s uch em ployment i n an y manner w hatsoever. E ach pa riy t o t his A greement a cknowledges t hat nor epresentations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on be half of any party, w hich a re not embodied he rein, a nd t hat no of her a greement or amendment he reto s hall be e ffective u mess e xecuted in w riting a nd s igned b y bot h C ITY a nd SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement s hall imp air any such r fight or power or be c onstrued t o be a w aiver t hereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 25L-17 5/11/10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LISA E. STORCK Assistant City Attorney SUBRECIPIENT: DATE: Name: RANDY PLATT Title: CEO Tax ID: 95-2771715 16 25L-18 City of Santa Ana Scope of Work Name of Organization Community SeniorServ Name of Funded Program Meals On Wheels AND Senior Lunch Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded ro ram, named above, during the 12-month contract period. 11,100 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. 960 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Santa Ana CDBG funds will be utilized to help fund the raw food costs of meals on wheels and congregate lunch meals to Santa Ana older adult participants. Participants in the Meals on Wheels program will receive 3 meals per day 5 days per week during the 2010/11 fiscal year. Additionally, clients will receive case management services and other ancillary services when needed (personal care, homemaking, chore, home safety checks, and community referrals). Each client will be assessed quarterly by their assigned case manager/case worker. Participants in the Senior Lunch program's will be provided a daily (Monday-Friday) lunch program at 3 nutrition sites in Santa Ana. Locations: Southwest Senior Center Santa Ana Senior Center Vietnamese Community Center Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 -September 30 700 Persons Quarter 2: October 1 -December 31 90 Persons Quarter 3: January 1 -March 31 90 Persons Quarter 4: April 1 -June 30 80 Persons 960 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12-month contract period on a quarterly basis. Quarter 1: July 1 -September 30 $ 42,340.00 Quarter 2: October 1 -December 31 $ 5,394.00 Quarter 3: January 1 -March 31 $ 5,394.00 Quarter 4: April 1 -June 30 $ 5,372.00 $ 58,500.00 Total Grant Exhibit A Page 1 of 1 25L-19 City of Santa Ana Performance Outcome Tracking Activity/ Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal Meals On Track number of participants 80% of participants will Track number of persons assisted: Accessibility for the Wheels remaining independent remain independent during -with new access to a service purpose of creating Program the time services are -with improved access Suitable Living provided. Environments Track seniors receiving Accessibility for the Senior Lunch referrals to services 90% of seniors will be Track number of persons assisted: purpose of creating Program linked to services sought -with new access to a service Suitable Living -with improved access Environments Describe how you will gather the tracking information, noted above, for that activity. Information is gathered for all participants in both programs (Meals on Wheels and Congregate Meals) during the initial assessment and then once annually. This information is updated in our database tracking network (SAMS) system and is then printed in quarterly reports which assist in completing our quarterly CDBG reports. The SAMS system supports all the basic demographic information required in the reports. Exhibit A-1 Page 1 of 1 25L-20 Final Budget Organization Name Community SeniorServ Program Name Meals On Wheels AND Senior Lunch Program Expenditures Expenses Funded by Santa Cate o Ana Administrative Staff Salaries & Benefits $ - Program Staff Salaries & Benefits $ - Contractual/Professional Services $ - Office Supplies Rent Communications Utilities Insurance Other:List below 1 Raw Food $ 58,500 2 In Kind 3 Program Supplies 4 Travel/Training 5 Vehicle/Building 6 Outreach and Other Total $ 58,500 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 58,500 Total Funds for the Program $ 58,500 Exhibit B Page 1 of 1 25L-21 Funded Personnel Name of Organization: Community SeniorServ Name of Program Meals On Wheels AND Senior Lunch Program ADMINISTRATIVE STAFF Position Title Annual Annual Total Funds Requested Percent of Maximum (only list funded positions) Salary Benefits Compensation for this position time serving Amount of Santa Ana eligible Compensation NA $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Re nested $ - PROGRAM STAFF Position Title Annual Annual Total Funds Requested Percent of Maximum (only list funded positions) Salary Benefits Compensation for this position time serving Amount of Santa Ana eligible m nation N/A $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Tota] Amount Re nested $ - CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Annual Contract Amount Total Funds Requested Percent of Maximum (only list funded services) Compensation for this position time serving Amount of Santa Ana eligible Com ensation N/A $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Re nested $ - Exhibit B-1 Page 1 of 1 25L-22 Certification Regarding Lobbying Certification for Contracts Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT C Page 1 of 2 25L-23 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 25L-24 REQUEST FOR COUNCIL ACTION j CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended INSURANCE RENEWALS ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ ~°~.Z,..Lr''~/ ~ ~~(°`•r°~--- FILE NUMBER Y CITY MANAGER RECOMMENDED ACTION 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2010 to July 1, 2011 at an estimated premium cost not to exceed $1,450,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2010 to July 1, 2011 at an estimated premium cost not to exceed $370,000. DISCUSSION In September 1988, the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority was formed with five cities. The current cities include Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. Additionally, participation in a pool provides rate stability and can offer broader coverage. The current excess liability and workers' compensation insurance policies will expire on July 1, 2010. The total BICEP insurance premium for the July 1, 2010 to July 1, 2011 period will not exceed $1,450,000; an estimated $950,000 of which covers liability claims from $1,000,000 to $75,000,000 per occurrence with a $1,000,000 self insured retention (SIR) which functions like a deductible. The balance of $500,000 purchases statutory excess workers' compensation insurance coverage with a $500,000 to $1,000,000 SIR. The Public Entity Property Insurance Program (PEPIP) was established in May 1993 with seventeen public agencies including the City of Santa Ana. The purpose of PEPIP is to provide public agencies with group purchasing strength. Since 1993, PEPIP has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $370,000 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery 29A-1 Insurance Renewals June 21, 2010 Page 2 damage and $82,500,000 in coverage for flood damage (coverage is in limited to $50,000,000 in Flood Zone A.) Due to the excessive premium cost of earthquake insurance, the City will not seek this coverage. Insurance deductibles will be as follows: Covera a Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles Fire Fi htin $50,000 Vehicles All other $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of a ui ment involved The City Manager will review the quotations and make the final decision to secure the coverages. FISCAL IMPACT Funds are budgeted in the proposed 2010-11 Liability & Property Insurance account (account no. 08009051-64010) and Workers' Compensation account (account no. 08209054-64010). APPROVED AS TO FUNDS AND ACCOUNTS: ~n~ ~ Kathie Gonzalez Francisco Gutierrez Executive Director Executive Director Personnel Services Finance & Management Services Agency KG/ER/BM 29A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended NOVEMBER 2, 2010 GENERAL MUNICIPAL ? As Amended ? Ordinance on 15i Reading ELECTION ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO J, J rte' FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution ordering, calling, and giving notice of a General Municipal Election to be held in City of Santa Ana on November 2, 2010 for the election of certain officers; and, requesting the Board of Supervisors of Orange County to consolidate the General Municipal Election with the 2010 General Election. 2. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 2010 General Municipal Election. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a general municipal election. The subject resolution establishes November 2, 2010 as the date for the election of the Mayor and Members of Wards 2, 4, and 6 of the City Council. Additionally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's general election with the State's General Election and 2010 County General Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections of November 2, 2010 and authorizes the Board of Supervisors to canvass the election returns. Finally, candidates for Mayor and the City Council may choose to have a candidate's statement sent to each voter as part of the Voter Information Pamphlet. Candidate statements are produced at the candidates' option, not mandated, and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters has advised the City that the estimated cost to the individual candidates for the November 2010 General Election is $1,812.00. The adoption of the recommended resolution will establish this charge for these services. 55A-1 FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $150,000. Funds for these administrative costs will be available in the 2010-11 Fiscal Year budget in the Non- Departmental Account (Account No. 01105015-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Maria D. Huizar, Francisco Gutierrez f Clerk of the Council Executive Director T Finance & Management Services Agency ,~i 55A-2 jxs 6/03/10 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 2, 2010 FOR THE ELECTION OF CERTAIN OFFICERS, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 2, 2010, for the purpose of electing the Mayor and Council members from Wards 2, 4 and 6. B. There will be a statewide general election held on November 2, 2010. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 2, 2010 general election of the City of Santa Ana for the purpose of electing the Mayor and Council members from City Wards 2, 4, and 6 with the statewide general election to be held on the same date. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Resolution No. 2010-XXX 55A-3 Page 1 of 2 Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval, Chief 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 that the attached Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council Resolution No. 2010-XXX Page 2 of 2 55A-4 jxs 6/03/10 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2010 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(c) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. B. Prior to the period in which candidate statements may be filed, the Clerk of the Council shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements and shall determine the pro rata share of each candidate filing a statement based upon such estimate. The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet. Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time the candidate's nomination papers are filed but no later than 5:00 pm August 6, 2010. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for Resolution No. 2010-XXX Page 1 of 3 55A-5 additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. That the Clerk of the Council shall provide each candidate or the candidate's representative a copy of this resolution at the time when nominating petitions are issued by the Clerk. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval, Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2010-XXX Page 2 of 3 55A-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council Resolution No. 2010-XXX Page 3 of 3 55A-7 i 55A-8 REQUEST FOR COUNCIL ACTION ,~,~~L CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended ANNUAL STATEMENT OF INVESTMENT POLICY ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For A CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency Executive Director annually renders to the City Council a Statement of Investment Policy. The purpose of the policy is to provide for the prudent investment of funds. The criteria for selecting investments and the order of priority are safety, liquidity, and yield. The investment policy applies to all financial assets of the City. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Resolution Exhibit 2 Investment Policy 55B-1 i 55B-2 Iss: 6/08/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. California Government Code, §53646, provides that each city may have a written statement of investment policy to govern investment of the city's monies. B. Pursuant to §53646, the City Treasurer shall annually submit a statement of investment policy, for City Council consideration. C. The City Treasurer has submitted the attached Statement of Investment Policy to this Council at its regular meeting of June 21, 2010, for its consideration. Section 2. The City Council of the City of Santa Ana has duly considered and approves the City's statement of investment policy submitted by the City Treasurer. Section 3. The City Treasurer shall submit quarterly reports to the City Council stating all investments made in the preceding quarter and that such investments have been made in conformance with the City's investment policy. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor 55B-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55B-4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010/2011 INTRODUCTION: This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury ~I Manager only. The investment policy applies to all financial assets of the city and are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy and the Investment Portfolio Guidelines. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. OBJECTIVES: 1. SAFETY OF PRINCIPAL -Safety of principal is the foremost objective of the City of Santa Ana. Each investment transaction shall be undertaken in a manner that seeks to 55B-5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 ensure preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: - Limiting investments to the safest types of securities; - Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which an entity will do business; and - Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: - Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and - By investing operating funds primarily in shorter-term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY -The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD -The City's Fund shall be designed with the objective of attaining amarket- average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the 55B-6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market-average rate of return is defined as the average return on three-month U.S. Treasury Bills. The City strives to maintain one hundred percent (100%) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS: The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 53600, 16429.1 and 53684 et seq. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. ~ B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GNMA (Government National Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there is no percentage limitation on these issues, the "prudent 55B-7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 investor" rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of banker's acceptances may not exceed one hundred, eighty (180) days or forty percent (40%) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30%) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Inc. (Moody's), Standard and Poor's (S&P) or Fitch Financial Services, Inc. (Fitch). The corporation that issues the commercial paper shall be organized and operating within the United States, shall have total assets in excess of five-hundred, million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated "A" or higher by Moody's or S&P or Fitch. Eligible commercial paper shall have a maximum maturity of two-hundred seventy (270) days or less. The City may purchase no more than ten percent (10%) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty-five percent (25%) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by astate-licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30%) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. F. Repurchase Agreements. For purposes of this section, the term "repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party 55B-8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be valued daily by the tri- party custodial agent. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or thirty percent (30%) of the cost value of the Fund. G. Local Agency Investment Fund -State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor" rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (15%) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5%) of the cost value of the Fund. I. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: 1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three following: Moody's, S&P or Fitch, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience managing money market funds with assets under management in excess of five- hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. In accordance with Section 53631.5 of the Government Code, the City shall not invest any 55B-9 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City's portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest-bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one-hundred, ten percent (110%) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one- hundred, fifty percent (150%) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first two-hundred, fifty-thousand dollars ($250,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $250,000 because we receive a higher interest rate. QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one-hundred, twenty (120) days of the Institution's fiscal year-end. 55B-10 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non-investment employees and reconfirmed by the City's accounting staff. In addition, the City's accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City's ability to meet its pool's expenditure requirements for the next six months. 55B-11 ~i CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2010-2011 POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. Francisco Gutierrez Executive Director Finance & Management Services Agency i 55B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended RESOLUTIONS CONCERNING THE ? AsAmended ? Ordinance on 1~ Reading STATUS OF THE CIRCULATION ? ordinance on 2nd Reading ELEMENT AND PAVEMENT ? Implementing Resolution MANAGEMENT PROGRAM FOR THE ? Set Public Hearing For CITY OF SANTA ANA CONTINUED TO f i~ i:~ ~t~''-~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways. 2. Adopt a resolution certifying the City's Pavement Management Plan is in compliance with the criteria established in the Orange County Local Transportation Authority Ordinance No. 3. DISCUSSION Each year local agencies are required to submit documentation to the Orange County Transportation Authority to obtain and remain eligible to receive Measure M Program Funds. Additionally, the City is required to adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways (MPAH) each year. This resolution attests that the City's adopted General Plan Circulation Element does not preclude implementation of the MPAH within the City of Santa Ana. Furthermore, it declares that no unilateral reduction in through-lanes has been made on MPAH arterials during Fiscal Years 2008/2009 and 2009/2010, that a uniform setback ordinance is in effect, and that provisions are in place to limit access to arterial highways in order to protect the integrity of the system. An additional resolution requires that a Pavement Management Plan (PMP) be in place and maintained to qualify for allocation of revenues generated from Measure M. The PMP must be consistent with the Micropaver pavement management system and contain the following elements: • An inventory of MPAH and local routes reviewed and updated biennially. • An assessment of pavement condition for all routes in the system, updated biennially. • The percentage of all sections of pavement needing rehabilitation and/or replacement. • The budget needs for rehabilitation or replacement of deficient sections of pavement for the current biennial period and the following biennial period. 55C-1 Resolutions Concerning the Status of the Circulation Element and Pavement Management Program June 21, 2010 Page 2 • The local PMP is consistent with countywide pavement condition assessment standards as described in the Arterial Highway Rehabilitation Program (AHRP). • A copy of the Local Pavement Management Plan must be submitted with the certification statement. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Adoption of the resolution will enable the City to continue to receive approximate $3.0 million Measure M turnback funds each year and to be eligible for all Competitive Grant Funding Programs administered by the OCTA. APPROVED AS TO FUNDS AND ACCOUNTS: Q Rau odinez I Francisco Gutierrez Executive Dire t r Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit 1 and 2: Resolutions 55C-2 Iss:6/7/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does find, determine and declare as follows: A. The City of Santa Ana desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH). B. The City of Santa Ana has endorsed a definition of, and a process for, determining consistency of the City's Traffic Circulation Plan with the MPAH. C. The City has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction. D. The City is required to adopt a resolution every year informing the Orange County Transportation Authority (OCTA) that the City's Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years 2008-2009 and 2009-2010. E. The City is required to send every year to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re-qualifying for participation in the Combined Transportation Funding Programs. Section 2. The City of Santa Ana does hereby inform OCTA of the following: A. The arterial highway portion of the City Circulation Element of the City is in conformance with the latest Master Plan of Arterial Highways. B. The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during Fiscal Years 2008-2009 and 2009- 2010. C. The City has adopted a uniform setback ordinance providing for the preservation of rights-of-way-consistent with the MPAH arterial highway classification. 55C-3 D. The City has adopted provisions for the limitation of access to arterial highways in order to protect the integrity of the system. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ~ ADOPTED this day of , 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 55C-4 Iss: 6/7/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT ITS PAVEMENT MANAGEMENT PLAN CONFORMS TO ORANGE COUNTY TRANSPORTATION AUTHORITY REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does find, determine and declare as follows: A. On November 7, 2006, the voters of the County of Orange adopted Renewed Measure M, extending the half-cent sales tax for an additional thirty years, to provide street improvements. B. In order to be eligible for revenues generated by Renewed Measure M, the City of Santa Ana must biennially certify that it has adopted a local pavement management plan which conforms to the criteria stated in Orange County Local Transportation Authority Ordinance No. 3. Section 2. The City Council of the City of Santa Ana certifies that the City's Pavement Management Plan, a copy of which is on file at the Santa Ana Public Works Agency, was developed using the Micropaver pavement management system, and contains the following elements: A. Inventory of MPAH and local routes reviewed and updated biennially. The last update of the inventory was completed May 20, 2010. B. Assessment of pavement condition for all routes in the system, updated biennially. The last review of pavement condition was completed May 20, 2010. C. Percentage of all section of pavement needing: Rehabilitation Replacement Arterial 9% 18% Local 31 % 6% D. Budget needs for rehabilitation or replacement of deficient sections of pavement for: Current biennial period: $ 35 million 55C-5 Following biennial period: $ 42 million E. The local Pavement Management Plan is consistent with countywide pavement condition assessment standards as described in the Arterial Highway Rehabilitation Program (AHRP). 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 55C-6 Q ~ RE VEST FOR COUNCIL ACTION a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED RESOLUTION FOR TRANSPORTATION ? As Recommended ENHANCEMENT PROGRAM GRANT ? As Amended ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO /1 ~,.~"T~~//~.~..~, FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution supporting federal funding of projects in the City and authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the Transportation Enhancement Program. DISCUSSION On May 10, 2010 OCTA issued a call for projects for transportation enhancement grants. Transportation Enhancement (TE) funding is made available through the Federal Transportation Act, currently the Safe, Accountable, Flexible, Equity Act: A Legacy for Users (SAFETEA-LU). The goal of the TE program is to better integrate transportation facilities into the surrounding communities. Projects eligible for TE funding include landscape and aesthetic enhancements as well as bicycle and pedestrian facilities projects. As part of the requirement for this funding the City will be requiring contractors responsible for construction of the awarded projects to employ the services of the Orange County Conservation Corps. There is approximately $12.4 million available for programming in fiscal year 2010-11 through fiscal year 2012-13. In June and July of 2010, OCTA staff and the TE advisory panel will review and rank the applications. On August 9, 2010 the OCTA Board will review and approve the projects. Staff is requesting authorization to submit eight project applications for TE funding for fiscal years 2010/2011 through 2012/2013 (Exhibit 1). Given the need for these improvements, staff recommends the City Council adopt a resolution supporting federal funding of these projects and authorizing the Executive Director of the Public Works Agency to submit the designated projects for funding consideration under the Transportation Enhancement Program. 55D-1 Resolution for Transportation Enhancement Program Grant June 21, 2010 Page 2 ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. FISCAL IMPACT Revenues received from the TE Program will be allocated to the projects as part of Capital Improvement Program. The City's cost for those projects receiving TE grant funds will be 25% of the total costs and will be budgeted in a future Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~ Raul Godinez I Francisco Gutierrez Executive Dire for Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit 1: Project Listing 2: Resolution 55D-2 TRANSPORTATION ENHANCEMENT PROGRAM Projects Recommended For Grant Application FY 2010-2011 Project Improvement Cost Flower Street Bike Trail from Bike Trail, Landscaping and Macarthur Blvd to Sunflower St Irrigation $800,000 Maple Street Bike Trail $381,000 Landscaping Enhancement from Landscaping and Irrigation Adams St to Chestnut Ave Parton Street Entrance Artwork at Sculpture $250,000 Santa Ana Blvd Flower Street Bike Trail Artwork/Sculpture at Sunflower Sculpture $250,000 Ave First Street Median Enhancement from Bush St to Standard Ave Rod Iron Fence $430,000 and Baker St to Olive St City Wide Tree Planting Program Street Beautification $116,000 Alton Street Bike Trail Landscaping Enhancement Landscaping and Irrigation $390,000 from Greenville St to Bear St Covered Bike Parking Systems for SARTC and Civic Bike Facilities Center/Downtown Areas Total $2,617,000 EXHIBIT 1 55D-3 55D-4 1ss060410 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR PROJECT FUNDING THROUGH THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM ADMINISTERED BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY 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 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFTEA-LU) provides funds for Transportation Enhancement (TE) projects including landscaping, scenic beautification, bicycle and pedestrian projects to better integrate transportation facilities into the surrounding community; and B. Orange County Transportation Authority (OCTA) OCTA has been authorized to administer TE funding of approximately $3.6 million annually, for total estimated amount of $12.4 million, for fiscal year (FY) 2010-2011through FY 2012-2013; and C. OCTA has issued a call for TE Projects, including projects providing landscape and aesthetic enhancements as well as bicycle and pedestrian facilities projects; and D. Santa Ana desires to apply for funding for eight projects, as set forth in Exhibit A, attached hereto and incorporated by reference; and E. If selected, the City of Santa Ana will cause the work on the project(s) to commence within a reasonable amount of time after receipt of notification from OCTA that funding has been approved, and will complete the project(s) with reasonable diligence. Section 2. The City Council of the City of Santa Ana hereby authorizes the Executive Director of the Public Works Agency to apply for funding and submit the list of projects, as well as any other documents required under the TE Program. 55D-5 Section 3. The City Council of the City of Santa Ana will provide the required local match funds for each Project(s) approved for Transportation Enhancement funding during the 2010-2011 through 2012-2013 funding term. Section 4. The City Council of the City of Santa Ana certifies that the City of Santa Ana, as the Lead Agency, will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and any other Federal, State, and/or local laws, rules and regulations. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers 55D-6 CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on , 2010. Date: Clerk of the Council City of Santa Ana 55D-7 TRANSPORTATION ENHANCEMENT PROGRAM Projects Recommended For Grant Application FFY 2010-2011 through 2012-2013 Project Improvement Cost Flower Street Bike Trail from Macarthur Blvd to Bike Trail, Landscaping $g00,000 Sunflower St and Irrigation Maple Street Bike Trail Landscaping Enhancement Landscaping and $381,000 from Adams St to Irrigation Chestnut Ave Parton Street Entrance Artwork at Santa Ana Sculpture $250,000 Blvd Flower Street Bike Trail Artwork/Sculpture at Sculpture $250,000 Sunflower Ave First Street Median Enhancement from Bush St to Standard Wrought Iron Fence $430,000 Ave and Baker St to Olive St City Wide Tree Planting Street Beautification $116,000 Program Alton Street Bike Trail Landscaping Enhancement Landscaping and from Greenville St to Irrigation $390,000 Bear St Secure Bike Parking Systems for SARTC and Civic Bike Facilities $160,000 Center/Downtown Areas Total $2,777,000 EXHIBIT A 55D-8 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: APPROVED ? As Recommended RESOLUTION APPROVING FISCAL YEAR 2010- ? As Amended 2011 COMMUNITY REDEVELOPMENT AGENCY ? Ordinance on 1st Reading BUDGET AND SECOND AMENDED AGREEMENT ? Ordinance on 2nd Reading BETWEEN CITY/AGENCY FOR FINANCIAL AND ? Implementing Resolution OPERATING SERVICES ? Set Public Hearing For CONTINUED TO . ~ L~~~ ~1 ~~~L~~~.C~~Iy FILE NUMBER CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION Authorize the City Manager and Clerk of the Council to execute the attached second amended agreement between the City of Santa Ana and the Community Redevelopment Agency for financial and operating services, subject to non-substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Adopt a resolution approving the fiscal year 2010-2011 budget of the Community Redevelopment Agency as identified in the City of Santa Ana's Annual Budget. 2. Authorize the Executive Director and Agency Secretary to execute the attached second amended agreement between the Community Redevelopment Agency and the City of Santa Ana for financial and operating services, subject to non-substantive changes approved by the Executive Director and Agency General Counsel. DISCUSSION Consistent with California Redevelopment Law, the annual funding plan and certain findings for the Community Redevelopment Agency (Agency) must be approved by a resolution of the Agency. The proposed overall budget for the Community Development Agency for fiscal year 2010-2011 is $102,742,270, of which $51,255,785 is comprised of various federal and state grants and other miscellaneous sources. 80A-1 Resolution Approving FY 2010-2011 CRA Budget & Second Amended Agreement Between City/Agency June 21, 2010 Page 2 The remaining $51,486,485 is the Redevelopment Agency's property tax increment revenue, and represents a 10.5% decline in projected revenue from 2009-2010. The property tax increment revenue is allocated to support the programs and projects of the Agency, including the payment of debt service and obligations totaling $20,131,995 (39.1 payment to the Low and Moderate- Income Housing Fund totaling 13,573,155 (26.4%) pursuant to California Redevelopment Law, payment of pass-through obligations to other taxing districts totaling $9,935,840 (19.3%), the funding of eligible capital projects totaling $4,807,115 (9.3%), and the management and administration of the merged redevelopment project areas totaling $3,038,380 (5.9%). On an annual basis, the Agreement for Financial and Operating Services between the City and the Agency is reviewed to ensure compliance with changes in California Redevelopment Law and the State Controller's guidelines. The amended agreement has been updated to reflect that the Agency complies with the City's policies and procedures. FISCAL IMPACT The fiscal year 2010-2011 Community Redevelopment Agency budget reflects the sum of the appropriations for debt service, contractual, capital projects, and administrative obligations in the merged redevelopment project areas and the Housing Set-Aside fund. APPROVED AS TO FUNDS AND ACCOUNTS: ~~Yl Nancy T. wards Francisco Gutierrez Assistant irector Executive Director Community Development Agency Finance & Management Services Agency CJN/NTE/mlr Exhibits: 1. Resolution 2. Amended Agreement 80A-2 SECOND AMENDED AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FOR FINANCIAL AND OPERATING SERVICES THIS AGREEMENT made and entered into this 21 Sc day of June 2010, by and between the City of Santa Ana, a charter city and municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as "City," and the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, hereinafter referred to as "Agency." RECITALS: 1. The City Council of Santa Ana created the Community Redevelopment Agency of the City of Santa Ana by Ordinance No. NS-1149, adopted on January 2, 1973, and declared itself to be the Redevelopment Agency vested with all rights, powers, duties privileges and immunities thereof, pursuant to Health and Safety Code Section 33200. The powers of the Agency include the power to incur indebtedness for any of its corporate purposes. 2. The Community Redevelopment Law of the State of California provides that City and Agency may enter into an agreement between themselves to provide funds, services, and costs from City to Agency, as budgeted annually. 3. The parties desire to formally contract in order for the City to provide staff services to the Agency and to construct improvements of benefit to the redevelopment program under specified circumstances, subject to reimbursement by the Agency as provided in this Agreement. 4. The parties hereto previously entered into an agreement dated September 15, 1980, which was later amended on June 17, 2003 (Agreement A-2003-133) as many of the terms and conditions of said Agreement were no longer applicable due to changes in redevelopment law and auditing guidelines. 5. The parties now desire to amend and update said Agreements. WHEREFORE, for and in consideration of their mutual covenants and promises, hereinafter set forth, and subject to the terms, conditions and other provisions of this Agreement hereinafter set forth, the parties hereto do hereby agree as follows: 1 80A-3 I. GENERAL A. Agency and City shall each retain all powers and functions authorized by law, except as delegated or granted in this Agreement. B. The Executive Director of Agency shall be an employee of City in the excepted service as provided by City Charter Section 1002 (a) (b), and shall be appointed by the City Manager of City, with the advice and consent of Agency. The Executive Director shall have as his/her duties and functions the day to day administrative responsibility for carrying out Agency programs and affairs, subject to the general direction of the City Manager. The Executive Director shall select, appoint, employ and contract for agents, consultants and employees as required by Agency and approved by the City Manager, prepare the annual budget for Agency, and shall carry out all Agency redevelopment projects. C. This Agreement hereby replaces, rescinds and supersedes that certain agreement between City and Agency dated September 15, 1980, and the Amendment thereto dated June 17, 2003. II. CITY SERVICES AND FACILITIES A. City services, such as legal, engineering, accounting, printing, copying, inspection and project management services, insurance, fleet supplies, planning, personnel, etc., and the use of City facilities shall be made available by City to Agency and the Community Redevelopment and Housing Commission at City's actual cost. B. Agency agrees to reimburse City for all services and facilities provided hereunder to Agency as follows: 1. Office space shall be paid for by Agency at the same rate per square foot per month as charged to City departments during the term of this Agreement. All rental rates shall be provided to Agency for their approval, on an annual basis, identical to the manner in which similar information is provided to City departments. 2. Equipment used by Agency and its Commission, and owned by City, shall be paid for at the same rates and costs per month that are chargeable to any City departments during the term of this Agreement on an annual basis, identical to the manner in which similar information is provided to City departments for budgetary projections. 3. The use of City Council Chambers and various meeting rooms owned and operated by City shall be made available, when not in conflict with prior City engagements, to Agency and its Commission, at no cost to Agency or its Commission. 2 80A-4 4. Salary and benefits paid to City employees who devote full-time or part-time to Agency activities, shall be reimbursed to City in amounts equal to the gross salary for each employee for hours worked, plus amounts equal to the costs to City of the employee's benefits for such hours worked. Salary and wage projections shall be provided to Agency on an annual basis, identical to the manner in which similar information is provided to City departments. 5. The costs of all other services and facilities of City which are used in whole or in part by Agency, shall be reimbursed to City by Agency at City's actual direct and indirect cost therefor. 6. If the City and Agency so authorize, the City may incur costs for public improvements in the Project Area on behalf of the Agency. These costs shall become a debt of the Agency and shall be reimbursable as provided herein. III. FUNDS OF AGENCY A. City may maintain an Administrative fund in the Treasury of City, with the money appropriated paid to Agency as a loan to be repaid upon such terms and conditions as the City Council of City may provide. In the event the City Council of City does not appropriate money to the administrative fund, the administrative expenses of Agency shall be paid from tax icrements, bonding, revolving, or community development funds, or any other lawful source. B. Funds appropriated by the City Council of City to the Redevelopment Project Fund(s) shall be maintained in such Fund(s) in City's Treasury. Such funds may be grant or loan to Agency. C. Agency, at its discretion, may cause any bond or note proceeds received to be deposited in any fund or funds that it may create or designate, as it deems appropriate, as authorized by Health and Safety Code Section 33654. D. Loans under this Agreement shall commence on July 1St or on the date such expenditures were or are made, and loan balances shall accrue as such additional loans are incurred. Agency shall not be responsible for the repayment of any of said loans until funds are available to Agency for such purpose. Once funds become available from which Agency may pay any debt accrued pursuant to this Agreement, then all such debts therefore accrued shall be paid in a time and manner consistent with the needs of Agency. Agency may, at its discretion, prepay any part of the Indebtedness any anytime without penalty. E. Each repayment or reimbursement obligation of the Agency pursuant to this Agreement shall bear interest based on the average interest earned on the City's investment pool. 3 80A-5 F. A report of the unpaid balance on Agency's loans owed City shall be prepared on an annual basis, and submitted to the City Council. Agency's obligation for repayment shall be subordinate to any Agency bonded indebtedness approved by the City Council and Agency. G. Except as may otherwise provided in any bond indenture, all funds of Agency, and the investment thereof, from whatever source derived, shall be maintained in the Treasury of City and administered on behalf of Agency by the Director of Finance of City, as directed by Agency and approved by the Executive Director. Said funds shall be maintained in separate accounts unrelated to the accounts of City. H. Agency shall secure an annual independent audit by a certified public accountant of all financial books, accounts, papers and records of Agency. IV. PERSONNEL MATTERS A. Agency shall have access to services and facilities of the Planning Department, the City Engineer, and other departments and offices of City, pursuant to Health and Safety Code Section 33126(a). B. City shall provide Agency with personnel services comparable to those being provided department's City. Such services shall include position classification, wages and salary administration, recruitment, selection and examination, labor relations, worker's compensation, grievance, affirmative action and equal employment opportunity programs, employee counseling, performance evaluation, fringe benefit administration (including, but not limited to, medical and life insurance, retirement system, vacation and sick leave provisions), certification of payroll attendance records, training, personnel records, management, and personnel board activities. These services shall be focused on the particular character of a redevelopment organization. C. The Agency follows the City's Personnel Policy, rules and regulations, including procedures affecting conflict of interest, use of funds and procedures on hiring and firing (Health and Safety Code Sections 33126 and 33128). V. INSURANCE City agrees to name Agency, its officers and employees as additional insured on City's municipal liability excess coverage insurance, property insurance, and on City's other policies as needed. Agency shall reimburse City for the additional cost, if any, of naming Agency as additional insured on such policy or polices. 4 80A-6 VI. REVIEW This Agreement shall be subject to annual review by the Community Redevelopment Agency and City. VII. MISCELLANEOUS A. Brown Act. The Agency meetings are noticed, open and public as required by the Ralph M. Brown Act (Government Code section 54950, et seq., as amended). B. Public Records Act. The Agency complies with the Public Records Act (Government Code section 6250, et. seq, as amended) and unless a records clearly falls within an exception, such records are made available to the public in compliance with the City's policies and procedures. C. Political Reform Act. The Agency board members comply with the conflict of interest rules promulgated by the Political Reform Act in conformity with State law[Government Code Section 87300, as amended]. (Reference Resolution No. 74- 4). D. CEQA Guidelines. The Agency has adopted procedures for implementation of California Environment Quality Act of 1970 and the State CEQA Guidelines [Public Resources Code section 21001(f) and (g); and 14 Code of Regulations Section 15022, as amended]. (Reference Resolution No. 75-4). The Agency follows City policies and procedures with regard to CEQA. E. Governing Law. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. F. Amendment. This Agreement may be amended as the parties hereto may mutually agree by an instrument in writing executed by the parties hereto. G. Newspaper of General Circulation. The Agency follows City policies and procedures as to designation of the newspaper of general circulation which will be used when the Agency is required to give notice regarding redevelopment matters within the community (Government Code Section 6040, as amended). H. Review of Bond Document Covenants. The Agency has established a routine audit and control procedure that ensures that the Agency's ongoing activities comply with the bond document covenants. 5 80A-7 IN WITNESS WHEREOF, the parties hereto have executed this Second Amended Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA By: Maria D. Huizar David N. Ream Clerk of the Council City Manager ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By Maria D. Huizar Cynthia J. Nelson Secretary Executive Director APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel By: Lisa E. Storck Assistant City Attorney/Assistant Counsel 6 80A-8 6116!10 LES CRA RESOLUTION NO. 2010- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING THE FISCAL YEAR 2010-2011 BUDGET BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Community Redevelopment Agency of the City of Santa Ana conclusively finds, determines and declares as follows: A. Pursuant to Health & Safety Code § 33606, the Community Redevelopment Agency of the City of Santa Ana ("Agency") must adopt an annual budget. B. The draft budget for fiscal year 2010-2011 presented to the Agency is designed to further implement the Agency's mandate to reduce or eliminate the physical and economic conditions that cause blight within the City of Santa Ana. The Projects are consistent with the 5-Year Implementation Plan, the Redevelopment Plans (as amended) and the reduction and/or elimination of blight. C. The Legislature has concluded that the term "redevelopment" includes provision for open-space types of use, such as streets and other public grounds and space, and the replanning or redesign of stagnant or improperly utilized areas which exist because of defective or inadequate street layout. D. The Agency hereby finds and determines that the planning and administrative expenses to be paid from the Low and Moderate Income Housing Fund for each redevelopment project are necessary for the production, improvement, or preservation of low- and moderate-income housing pursuant to Health and Safety Code § 33334.3(d) and are not disproportionate to the amounts budgeted for the costs of production, improvement or preservation of that housing. Such costs are necessary and proportionate to the amount proposed for actual housing assistance activities for the year. E. The Agency hereby finds that the planning and administrative expenses budgeted last fiscal year from the Low and Moderate Income Housing Fund were necessary and appropriate for the production, improvement, or preservation of low- and moderate-income housing pursuant to Health and Safety Code § 33334.3(d) and were not disproportionate to the amounts actually spent last year for the costs of production, improvement or preservation of that housing. F. The Agency has retained certain interests in real property acquired using moneys from the Low and Moderate Income Housing Fund, and has not initiated activities consistent with the development of the property for the development of housing affordable to persons and families of low and moderate income within the statutory five (5) year period. The addresses of these properties are as follows: 801 E. Brown Street, 80A-9 6/16/10 LES 902 E. Brown Street, 542 E. Central Avenue, 601-603 E. Fifth Street, 606 E. Fifth Street, 607 E. Fifth Street, 610-612 E. Fifth Street, 621 E. Fifth Street, 505-507 N. Minter Street, 508-510 N. Porter Street, and 710 E. Sixth Street. The Agency intends that these properties shall be used for the development of housing affordable to persons and families of low and moderate income, and hereby requests a five (5) year extension in furtherance of said purpose pursuant to Health and Safety Code § 33334.16. G. The Agency has retained certain interests in real property acquired using moneys from the Low and Moderate Income Housing Fund, and is currently in the process of the development of the property for housing affordable to persons and families of low and moderate income during or exceeding the ten (10) year statutory period. The Agency intends that these properties ("Station District Properties") shall be used for the development of housing affordable to persons and families of low and moderate income, pursuant to the Disposition and Development Agreement authorized on June 7, 2010 (Health and Safety Code § 33334.16). Other Agency owned interests in real property acquired using moneys from the Low and Moderate Income Housing Fund, which are currently in the process of the development of the property for housing affordable to persons and families of low and moderate income during or exceeding the ten (10) year statutory period are located at 2034-2038 N. Bush Street. A developer has been selected and negotiations are ongoing for the development of housing affordable to persons and families of low and moderate income, pursuant to Health and Safety Code § 33334.16. H. The Agency adopts by reference and incorporates as though fully set forth herein each and every finding contained in the supporting documentation which accompanies the draft budget for fiscal year 2010-2011, including but not limited to the memorandum from the Executive Director to the City Manager dated May 21, 2010, and the staff report from the Executive Director to the Agency Board, together with any exhibits attached to said documents. I. The draft budget for fiscal year 2010-2011, together with the supporting documentation presented to the Agency, complies in all respects with the requirements of the Community Redevelopment Law, including but not limited to Health & Safety Code § 33606. J. For those expenditures proposed which are outside the Merged Redevelopment Project Area in the draft budget for fiscal year 2010-2011, the Agency finds and declares that such expenditures will be of benefit to the Merged Redevelopment Project Area. These projects include the Downtown Wayfinding Program, the Station District Cultural and Historical Identification Program, the Station District Residential Rehabilitation Program and community center, as well as proposed open space, community center and/or educational facility. This finding is made pursuant to Health & Safety Code § 33334.2(g)(1). K. The Agency finds and declares, pursuant to Health & Safety Code § 80A-10 6/16/10 LES 33420.2, that because of the magnitude and severity of the grafFti within its Merged Redevelopment Project Area, any actions that the agency determines are necessary to remove graffiti from public or private property may be taken in order to effectuate the purposes of the redevelopment plan, and such removal actions shall assist with the elimination of blight, as defined in section 33031. L. The Agency finds and declares, pursuant to Health & Safety Code §33445 that certain publicly owned improvements shall be constructed or improved, financed partially or wholly, as determined by the Executive Director, with Agency funds within or without the project areas, thereby constituting debt of the Agency, except within the former Bristol, Central City and Inter-City Project Areas. The legislative body has determined that the facilities, structures or other improvements listed in the Capital Improvement Plan (CIP) and the Agency's Proposed Budget for fiscal year 2010-2011 outside of the Merged Redevelopment Project Area, are of benefit to the Merged Redevelopment Project Area or the immediate neighborhood in which the project(s) are located. These projects include the proposed open space park and recreational facility on the Agency owned properties on McFadden Avenue. Further, no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the community; and the payment of funds for the cost of the facilities, structures or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate-income persons, and is consistent with the implementation plan adopted by the Agency pursuant to Health & Safety Code §33490. M. The Agency has reviewed the Amended Agreement between the City of Santa Ana and the Community Redevelopment Agency of the City of Santa Ana for Financial Operating Services ("Operating Agreement") and hereby updates and reaffirms said Agreement with the Second Amended Operating Agreement. Section 2. The fiscal year 2010-2011 budget of the Community Redevelopment Agency of the City of Santa Ana is hereby approved and adopted pursuant to Health & Safety Code § 33606. Section 3. This Resolution shall take effect immediately upon its adoption by the Agency Board, and the Agency Secretary shall attest to and certify the vote adopting this Resolution. 80A-11 6/16/10 LES ADOPTED this day of , 2010. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2010. Date: Secretary, Community Redevelopment Agency 80A-12